Conceptual and Contextual Perspectives on the Modern Law of Treaties

Conceptual and Contextual Perspectives on the Modern Law of Treaties
Title Conceptual and Contextual Perspectives on the Modern Law of Treaties PDF eBook
Author Michael J. Bowman
Publisher Cambridge University Press
Pages 1171
Release 2018-10-25
Genre Law
ISBN 1107100526

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In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.

Treaty Interpretation

Treaty Interpretation
Title Treaty Interpretation PDF eBook
Author Richard K. Gardiner
Publisher Oxford University Press, USA
Pages 577
Release 2015
Genre Law
ISBN 0199669236

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The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

International Investment Law and Legal Theory

International Investment Law and Legal Theory
Title International Investment Law and Legal Theory PDF eBook
Author Jörg Kammerhofer
Publisher Cambridge University Press
Pages 391
Release 2021-05-06
Genre Law
ISBN 1108839177

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A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Fundamentals of Public International Law

Fundamentals of Public International Law
Title Fundamentals of Public International Law PDF eBook
Author Giovanni Distefano
Publisher BRILL
Pages 991
Release 2019-05-07
Genre Law
ISBN 9004396691

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Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.

Treaties in Motion

Treaties in Motion
Title Treaties in Motion PDF eBook
Author Malgosia Fitzmaurice
Publisher Cambridge University Press
Pages 427
Release 2020-06-25
Genre Law
ISBN 1108495885

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The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.

International Human Rights Law and Diplomacy

International Human Rights Law and Diplomacy
Title International Human Rights Law and Diplomacy PDF eBook
Author Kriangsak Kittichaisaree
Publisher Edward Elgar Publishing
Pages 355
Release 2020-03-28
Genre Law
ISBN 1839102195

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This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.

Treaty Interpretation by the WTO Appellate Body

Treaty Interpretation by the WTO Appellate Body
Title Treaty Interpretation by the WTO Appellate Body PDF eBook
Author
Publisher
Pages 486
Release 2009
Genre Commercial treaties
ISBN 9780191705588

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This text analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.