Article 31(3)(c) VCLT and the Principle of Systemic Integration

Article 31(3)(c) VCLT and the Principle of Systemic Integration
Title Article 31(3)(c) VCLT and the Principle of Systemic Integration PDF eBook
Author Panos Merkouris
Publisher BRILL
Pages 391
Release 2015-06-24
Genre Law
ISBN 9004230432

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In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.

The Principle of Systemic Integration

The Principle of Systemic Integration
Title The Principle of Systemic Integration PDF eBook
Author Gabriel Orellana Zabalza
Publisher LIT Verlag Münster
Pages 389
Release 2012
Genre Law
ISBN 3643902670

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This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)

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.

Treaty Conflict and the European Union

Treaty Conflict and the European Union
Title Treaty Conflict and the European Union PDF eBook
Author Jan Klabbers
Publisher Cambridge University Press
Pages 285
Release 2009
Genre Law
ISBN 0521455464

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Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

Exclusion from Protection as a Refugee

Exclusion from Protection as a Refugee
Title Exclusion from Protection as a Refugee PDF eBook
Author Yao Li
Publisher BRILL
Pages 395
Release 2017-09-11
Genre Law
ISBN 900434974X

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In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.

Fragmentation of International Law

Fragmentation of International Law
Title Fragmentation of International Law PDF eBook
Author United Nations. International Law Commission
Publisher
Pages 306
Release 2007
Genre Conflict of laws
ISBN 9789521023378

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The Principle of Systemic Integration in International Law

The Principle of Systemic Integration in International Law
Title The Principle of Systemic Integration in International Law PDF eBook
Author Campbell McLachlan KC
Publisher Oxford University Press
Pages 529
Release 2024-07-09
Genre Law
ISBN 0192645854

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International law has greatly expanded in reach and density over the past few decades and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed. The Principle of Systemic Integration in International Law fills this research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of states and international organizations in the framing of international instruments and their application. Building upon the framework he first pioneered in 2005 and the culmination of two decades of academic research and practical experience in international law, the author Campbell McLachlan KC closely examines legislative texts and cases to reflect on the principle's theoretical foundations and actual application in practice. The book argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions and between legal norms may be addressed. It explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties and, finally, analyses the operation of the principle in international courts and tribunals. The reasoning and larger questions presented by the book will bring fresh insights to researchers and practitioners undertaking any international law project.