The Concept Of Treaty In International Law

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The Concept of Treaty in International Law

Author : Jan Klabbers
Publisher : Martinus Nijhoff Publishers
Page : 332 pages
File Size : 51,9 Mb
Release : 1996-04-03
Category : Law
ISBN : 9041102442

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The Concept of Treaty in International Law by Jan Klabbers Pdf

Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, "ex" "hypothesi," treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.

Treaty Handbook

Author : United Nations. Treaty Section
Publisher : Unknown
Page : 0 pages
File Size : 40,5 Mb
Release : 2012
Category : Political Science
ISBN : 9210552938

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Treaty Handbook by United Nations. Treaty Section Pdf

Revised and updated, this handbook by the Treaty Section of the United Nations Office of Legal Affairs is intended as a contribution to UN efforts to assist States in becoming parties to the international treaty framework. It is written in simple language and, with the aid of diagrams and step-by-step instructions, touches upon many aspects of treaty law and practice. This handbook is designed for use by States, international organizations and other relevant entities. In particular, it is intended to provide some degree of assistance to States that may have scarce resources and limited technical proficiency in treaty law and practice to participate fully in the multilateral treaty framework.

The Law of Treaties Beyond the Vienna Convention

Author : Mahnoush H. Arsanjani
Publisher : American Chemical Society
Page : 498 pages
File Size : 41,5 Mb
Release : 2011-02-17
Category : Law
ISBN : 9780199588916

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The Law of Treaties Beyond the Vienna Convention by Mahnoush H. Arsanjani Pdf

This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Treaty Interpretation

Author : Richard K. Gardiner
Publisher : Oxford University Press, USA
Page : 577 pages
File Size : 51,8 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.

Customary International Law and Treaties

Author : Mark Eugen Villiger
Publisher : Martinus Nijhoff Publishers
Page : 374 pages
File Size : 47,7 Mb
Release : 1997-10-29
Category : Law
ISBN : 9789041104588

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Customary International Law and Treaties by Mark Eugen Villiger Pdf

States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.

International Law: A Very Short Introduction

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 47,9 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

International Climate Change Law

Author : Daniel Bodansky,Jutta Brunnée,Lavanya Rajamani
Publisher : Oxford University Press
Page : 417 pages
File Size : 46,5 Mb
Release : 2017
Category : Law
ISBN : 9780199664290

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International Climate Change Law by Daniel Bodansky,Jutta Brunnée,Lavanya Rajamani Pdf

A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.

The Breach of a Treaty

Author : Maria Xiouri
Publisher : BRILL
Page : 446 pages
File Size : 54,6 Mb
Release : 2021-03-15
Category : Law
ISBN : 9789004363229

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The Breach of a Treaty by Maria Xiouri Pdf

In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.

On the Interpretation of Treaties

Author : Ulf Linderfalk
Publisher : Springer Science & Business Media
Page : 429 pages
File Size : 51,7 Mb
Release : 2007-09-11
Category : Law
ISBN : 9781402063626

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On the Interpretation of Treaties by Ulf Linderfalk Pdf

This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

Modern Treaty Law and Practice

Author : Anthony Aust
Publisher : Cambridge University Press
Page : 490 pages
File Size : 40,9 Mb
Release : 2000-05-25
Category : Law
ISBN : 052159846X

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Modern Treaty Law and Practice by Anthony Aust Pdf

A comprehensive treatment of the law of treaties written from the point of view of a practitioner of 35 years experience: the first book of its kind. Aust provides a wealth of examples of the real problems experienced in making and using treaties day by day, not just when a treaty is the subject of a court case. As such it is invaluable to the practitioner. Aust aims to supply the reader with a full and rounded understanding of all aspects of treaties. He avoids technical language as far as possible, making his work accessible to non-lawyers. Although not primarily an academic work, there is plenty to interest and inform law students and teachers (it has established itself as a course book), as well as those specialising in political science, international relations or diplomacy.

The Law of Treaties

Author : Scott Davidson
Publisher : Routledge
Page : 669 pages
File Size : 50,5 Mb
Release : 2017-07-05
Category : Political Science
ISBN : 9781351543033

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The Law of Treaties by Scott Davidson Pdf

The centrality of treaties to the international legal system requires little emphasis. Not only is the treaty a source of law that the International Court of Justice (ICJ) is bound to apply when resolving international disputes, but it is also the medium through which the vast preponderance of international legal intercourse is now conducted. The essays contained in this informative volume disclose a wide variety of opinion on a broad range of issues concerning the conclusion, application and termination of treaties.

Developments of International Law in Treaty Making

Author : Rudiger Wolfrum,Volker Röben
Publisher : Springer Science & Business Media
Page : 656 pages
File Size : 51,7 Mb
Release : 2005-03-29
Category : Law
ISBN : 3540252991

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Developments of International Law in Treaty Making by Rudiger Wolfrum,Volker Röben Pdf

The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.

The Continent of International Law

Author : Barbara Koremenos
Publisher : Cambridge University Press
Page : 457 pages
File Size : 53,7 Mb
Release : 2016-04-07
Category : Political Science
ISBN : 9781107124233

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The Continent of International Law by Barbara Koremenos Pdf

This book demonstrates theoretically and empirically how international law's detailed design provisions help states cooperate despite harsh international political realities.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 40,8 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The Oxford Guide to Treaties

Author : Duncan B. Hollis
Publisher : OUP Oxford
Page : 874 pages
File Size : 43,7 Mb
Release : 2012-08-09
Category : Law
ISBN : 9780191637575

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The Oxford Guide to Treaties by Duncan B. Hollis Pdf

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.