Pacta Sunt Servanda

Author : Mark Eugen Villiger
Publisher : BRILL
Page : 1093 pages
File Size : 52,9 Mb
Release : 2009
Category : Law
ISBN : 9789004168046

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Commentary on the 1969 Vienna Convention on the Law of Treaties by Mark Eugen Villiger Pdf

The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.

Author : Serena Forlati,Makane Moïse Mbengue,Brian McGarry
Publisher : BRILL
Page : 273 pages
File Size : 51,7 Mb
Release : 2020-05-18
Category : Law
ISBN : 9789004428676

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The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law by Serena Forlati,Makane Moïse Mbengue,Brian McGarry Pdf

The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law deconstructs one of the most influential ICJ Judgments and analyses its contributions to the law of treaties, the law of international responsibility, and the law of sustainable development in light of 20 years of subsequent developments in the international legal order.

Author : Achmad Madjedi Hasan
Publisher : Unknown
Page : 162 pages
File Size : 50,9 Mb
Release : 2005
Category : Contracts
ISBN : UOM:39015064242004

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Pacta Sunt Servanda by Achmad Madjedi Hasan Pdf

Author : Thomas Cottier,Krista Nadakavukaren Schefer
Publisher : Unknown
Page : 0 pages
File Size : 53,7 Mb
Release : 2017
Category : Foreign trade regulation
ISBN : 1784713538

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Elgar Encyclopedia of International Economic Law by Thomas Cottier,Krista Nadakavukaren Schefer Pdf

"Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--

Author : Normann Witzleb
Publisher : Taylor & Francis
Page : 280 pages
File Size : 54,8 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000821468

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Contract Law in Changing Times by Normann Witzleb Pdf

This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

Author : Hugh Thirlway
Publisher : Oxford University Press
Page : 262 pages
File Size : 52,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685394

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The Sources of International Law by Hugh Thirlway Pdf

Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

Author : Antonio Morelli
Publisher : BRILL
Page : 291 pages
File Size : 55,6 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004467644

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Withdrawal from Multilateral Treaties by Antonio Morelli Pdf

Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal. It examines the political and legal framework around treaty making to explain how withdrawal evolved over time and suggests ways to improve conditions for orderly withdrawal.

Author : John Boardman Whitton,Stephen Lucius Gwynn
Publisher : Unknown
Page : 48 pages
File Size : 47,8 Mb
Release : 1935
Category : Ethiopia
ISBN : LCCN:35030518

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The Sanctity of Treaties (Pacta Sunt Servanda) by John Boardman Whitton,Stephen Lucius Gwynn Pdf

Author : I.F. Dekker,E. Hey
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 48,9 Mb
Release : 2011-04-28
Category : Law
ISBN : 9067047368

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Netherlands Yearbook of International Law Volume 41, 2010 by I.F. Dekker,E. Hey Pdf

The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes an overview of state practice of the Netherlands.

Author : J. F. O'Connor
Publisher : Dartmouth Publishing Company
Page : 166 pages
File Size : 40,7 Mb
Release : 1991
Category : Law
ISBN : UOM:39015019652802

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Good Faith in International Law by J. F. O'Connor Pdf

This text considers the origin and development of good faith in legal theory and its role as a fundamental principle in international law. It ranges from the origins of the concept and the first manifestations of the legal principle, to recent decisions of international courts and tribunals.

Author : Hersch Lauterpacht
Publisher : OUP Oxford
Page : 528 pages
File Size : 46,5 Mb
Release : 2011-07-14
Category : Law
ISBN : 9780191018466

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The Function of Law in the International Community by Hersch Lauterpacht Pdf

The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.

Author : Peng Guo
Publisher : Springer Nature
Page : 198 pages
File Size : 50,5 Mb
Release : 2021-11-09
Category : Law
ISBN : 9789811655135

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Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective by Peng Guo Pdf

This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.

Author : Christopher Heath,Anselm Kamperman Sanders
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 54,6 Mb
Release : 2016-11-24
Category : Law
ISBN : 9789041183804

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Employees, Trade Secrets and Restrictive Covenants by Christopher Heath,Anselm Kamperman Sanders Pdf

Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.

Author : John H. Currie
Publisher : Unknown
Page : 652 pages
File Size : 49,6 Mb
Release : 2008
Category : International law
ISBN : STANFORD:36105134418420

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Public International Law by John H. Currie Pdf

This edition is a significant revision of the 2001 text and is a systematic introduction to the international legal system.

Author : Başak Başoğlu
Publisher : Springer
Page : 333 pages
File Size : 51,9 Mb
Release : 2016-02-25
Category : Law
ISBN : 9783319272566

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The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision by Başak Başoğlu Pdf

This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.