Modern Treaty Law And Practice

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Modern Treaty Law and Practice

Author : Anthony Aust
Publisher : Cambridge University Press
Page : 519 pages
File Size : 42,7 Mb
Release : 2013-10-24
Category : Law
ISBN : 9781107470477

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Modern Treaty Law and Practice by Anthony Aust Pdf

This new edition of a textbook first published in 2000 provides a comprehensive account of the law of treaties from the viewpoint of an experienced practitioner. As such, it is the first, and only, book of its kind. Aust provides a wealth of examples of the problems experienced with treaties on a daily basis, not just when they are the subject of a court case. He explores numerous precedents from treaties and other related documents, such as memorandums of understanding (MOUs), in detail. Using clear, accessible language, the author covers the full extent of treaty law, drawing examples from both treaties and MOUs. Modern Treaty Law and Practice is essential reading for teachers and students of law, political science, international relations and diplomacy, who have an interest in treaties.

Modern Treaty Law and Practice

Author : Anthony Aust
Publisher : Cambridge University Press
Page : 611 pages
File Size : 44,8 Mb
Release : 2007-10-18
Category : Law
ISBN : 9781139467841

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Modern Treaty Law and Practice by Anthony Aust Pdf

On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.

Modern Treaty Law and Practice

Author : Anthony Aust
Publisher : Unknown
Page : 611 pages
File Size : 49,7 Mb
Release : 2007
Category : Electronic
ISBN : 0511369964

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Modern Treaty Law and Practice by Anthony Aust Pdf

A comprehensive and practical account of the law of treaties.

Modern Treaty Law And Practice 2Ed

Author : Anthony Aust
Publisher : Unknown
Page : 611 pages
File Size : 55,9 Mb
Release : 2007
Category : Electronic
ISBN : OCLC:1027194164

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Modern Treaty Law And Practice 2Ed by Anthony Aust Pdf

On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasin.

Aust's Modern Treaty Law and Practice

Author : Jeremy Hill
Publisher : Cambridge University Press
Page : 583 pages
File Size : 42,9 Mb
Release : 2023-04-30
Category : Law
ISBN : 9781009186940

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Aust's Modern Treaty Law and Practice by Jeremy Hill Pdf

The book is a single, practical, comprehensive guide to treaty making. It draws on the latest international treaties practice.

Necessity and National Emergency Clauses

Author : Diane A. Desierto
Publisher : Martinus Nijhoff Publishers
Page : 433 pages
File Size : 47,9 Mb
Release : 2012-01-05
Category : Political Science
ISBN : 9789004218529

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Necessity and National Emergency Clauses by Diane A. Desierto Pdf

Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.

Conceptual and Contextual Perspectives on the Modern Law of Treaties

Author : Michael J. Bowman,Dino Kritsiotis
Publisher : Cambridge University Press
Page : 1171 pages
File Size : 49,9 Mb
Release : 2018-10-31
Category : Law
ISBN : 9781107100527

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Conceptual and Contextual Perspectives on the Modern Law of Treaties by Michael J. Bowman,Dino Kritsiotis Pdf

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

Author : Richard K. Gardiner
Publisher : Oxford University Press, USA
Page : 577 pages
File Size : 50,9 Mb
Release : 2015
Category : Law
ISBN : 9780199669233

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Treaty Interpretation by Richard K. Gardiner Pdf

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.

Rules and Practices of International Investment Law and Arbitration

Author : Yannick Radi
Publisher : Cambridge University Press
Page : 581 pages
File Size : 45,6 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781107102101

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Rules and Practices of International Investment Law and Arbitration by Yannick Radi Pdf

Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.

Breathing Life into the Stone Fort Treaty

Author : Aimée Craft
Publisher : UBC Press
Page : 160 pages
File Size : 49,9 Mb
Release : 2013-03-13
Category : Law
ISBN : 9781895830668

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Breathing Life into the Stone Fort Treaty by Aimée Craft Pdf

In order to interpret and implement a treaty between the Crown and Canada’s First Nations, we must look to its spirit and intent, and consider what was contemplated by the parties at the time the treaty was negotiated, argues Aimée Craft. Using a detailed analysis of Treaty One – today covering what is southern Manitoba – she illustrates how negotiations were defined by Anishinabe laws (inaakonigewin), which included the relationship to the land, the attendance of all jurisdictions’ participants, and the rooting of the treaty relationship in kinship. While the focus of this book is on Treaty One, Anishinabe laws (inaakonigewin) defined the settler-Anishinabe relationship well before this, and the principles of interpretation apply equally to all treaties with First Nations.

The International Law of the Sea

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 505 pages
File Size : 40,7 Mb
Release : 2012-04-05
Category : Law
ISBN : 9781107009998

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The International Law of the Sea by Yoshifumi Tanaka Pdf

This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.

Handbook on Good Treaty Practice

Author : Jill Barrett,Robert Beckman
Publisher : Cambridge University Press
Page : 533 pages
File Size : 40,8 Mb
Release : 2020-03-12
Category : Business & Economics
ISBN : 9781107111905

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Handbook on Good Treaty Practice by Jill Barrett,Robert Beckman Pdf

Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

Treaties and Subsequent Practice

Author : Georg Nolte
Publisher : OUP Oxford
Page : 432 pages
File Size : 43,8 Mb
Release : 2013-06-13
Category : Law
ISBN : 9780191668425

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Treaties and Subsequent Practice by Georg Nolte Pdf

Under the relevant rules of international law, treaties are interpreted in accordance with the ordinary meaning of the language they use, their object and purpose, and the intention of the drafters, but also in light of the subsequent practice of its parties. This subsequent practice can shed light on articles whose meaning is ambiguous and subsequent agreement can even alter the meaning of treaty provisions. At a time when many of the most important international treaties are more than fifty years old, subsequent practice plays an increasingly important role in their interpretation. Treaties and Subsequent Practice discusses the role and relevance of this subsequent practice in the process of dynamic treaty interpretation. The book provides a comprehensive treatment of this topic by eminent commentators, combining contributions which focus on practical cases with chapters examining the theoretical underpinnings of treaty interpretation. The concept of subsequent practice is situated in the more general context of treaty law and international law, looking at different cases and doctrinal questions to assess its policy dimensions. The book addresses the question of whether subsequent practice plays a more or less significant role in different areas of international law, and whether it can be employed as a partial substitute for formal treaty amendments. It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.

State Interest and the Sources of International Law

Author : Markus P. Beham
Publisher : Routledge
Page : 225 pages
File Size : 43,8 Mb
Release : 2018-05-11
Category : Law
ISBN : 9781351579957

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State Interest and the Sources of International Law by Markus P. Beham Pdf

This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.

The Oxford Guide to Treaties

Author : Duncan B. Hollis
Publisher : Oxford University Press
Page : 873 pages
File Size : 53,9 Mb
Release : 2012-08-09
Category : Law
ISBN : 9780199601813

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The Oxford Guide to Treaties by Duncan B. Hollis Pdf

Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.