The Contractual Nature Of The Optional Clause

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The Contractual Nature of the Optional Clause

Gunnar Törber
The Contractual Nature of the Optional Clause Book PDF

Author : Gunnar Törber
Publisher : Unknown
Page : 412 pages
File Size : 41,9 Mb
Release : 2015
Category : Contracts
ISBN : 1782258000

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The Contractual Nature of the Optional Clause by Gunnar Törber Pdf

"The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses (eg Art 62(1) of the American Convention on Human Rights) and especially the Optional Clause (Art 36(2) of the Statute of the International Court of Justice (ICJ)) can be characterised and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of unilateral declarations and to what extent one of the corresponding regimes applies. Based on inter alia on the jurisprudence of the Permanent Court of International Justice and the ICJ on the Optional Clause, but also on the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights and the General Comments of the United Nations Human Rights Committee, this book provides a comprehensive assessment of all legal issues regarding the Optional Clause and also optional clauses in general. The book deals with the making of Optional Clause declarations, the interpretation of such declarations and reservations made to the declarations as well as the withdrawal or amendment of declarations."--Résumé de l'éditeur.

The Contractual Nature of the Optional Clause

Gunnar Törber
The Contractual Nature of the Optional Clause Book PDF

Author : Gunnar Törber
Publisher : Bloomsbury Publishing
Page : 379 pages
File Size : 54,5 Mb
Release : 2015-07-16
Category : Law
ISBN : 9781509901449

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The Contractual Nature of the Optional Clause by Gunnar Törber Pdf

The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses (eg Article 62(1) of the American Convention on Human Rights) and especially the Optional Clause (Article 36(2) of the Statute of the International Court of Justice (ICJ)) can be characterised and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of unilateral declarations and to what extent one of the corresponding regimes applies. Based, inter alia, on the jurisprudence of the Permanent Court of International Justice and the ICJ on the Optional Clause, but also on the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights and the General Comments of the United Nations Human Rights Committee, this book provides a comprehensive assessment of all legal issues regarding the Optional Clause and also optional clauses in general. The book deals with the making of Optional Clause declarations, the interpretation of such declarations and reservations made to the declarations as well as the withdrawal or amendment of declarations.

Contemporary Issues in the Law of Treaties

Malgosia Fitzmaurice,M. Fitzmaurice,O. A. Elias,Olufemi Elias
Contemporary Issues in the Law of Treaties Book PDF

Author : Malgosia Fitzmaurice,M. Fitzmaurice,O. A. Elias,Olufemi Elias
Publisher : Eleven International Publishing
Page : 416 pages
File Size : 48,5 Mb
Release : 2005
Category : Law
ISBN : 9789077596067

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Contemporary Issues in the Law of Treaties by Malgosia Fitzmaurice,M. Fitzmaurice,O. A. Elias,Olufemi Elias Pdf

This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.

The Contractual Nature of the Optional Clause

Gunnar Törber
The Contractual Nature of the Optional Clause Book PDF

Author : Gunnar Törber
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 54,6 Mb
Release : 2015-07-16
Category : Law
ISBN : 9781509901432

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The Contractual Nature of the Optional Clause by Gunnar Törber Pdf

The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses (eg Article 62(1) of the American Convention on Human Rights) and especially the Optional Clause (Article 36(2) of the Statute of the International Court of Justice (ICJ)) can be characterised and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of unilateral declarations and to what extent one of the corresponding regimes applies. Based, inter alia, on the jurisprudence of the Permanent Court of International Justice and the ICJ on the Optional Clause, but also on the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights and the General Comments of the United Nations Human Rights Committee, this book provides a comprehensive assessment of all legal issues regarding the Optional Clause and also optional clauses in general. The book deals with the making of Optional Clause declarations, the interpretation of such declarations and reservations made to the declarations as well as the withdrawal or amendment of declarations.

Reservations to Optional Declarations Granting Jurisdiction to the International Court of Justice

Robert Kolb
Reservations to Optional Declarations Granting Jurisdiction to the International Court of Justice Book PDF

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 135 pages
File Size : 41,8 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781035332229

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Reservations to Optional Declarations Granting Jurisdiction to the International Court of Justice by Robert Kolb Pdf

In this incisive book, Robert Kolb sets out a short but nevertheless in-depth analysis of optional declarations for the jurisdiction of the International Court of Justice, and of the various reservations which restrict the jurisdiction. Concise and readable, the book examines the true scope of this jurisdiction once the numerous carve-outs of the reservations are subtracted.

Comparative Reasoning in International Courts and Tribunals

Daniel Peat
Comparative Reasoning in International Courts and Tribunals Book PDF

Author : Daniel Peat
Publisher : Cambridge University Press
Page : 293 pages
File Size : 44,9 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108415477

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Comparative Reasoning in International Courts and Tribunals by Daniel Peat Pdf

This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

The Concept of Security in International Law

Hitoshi Nasu
The Concept of Security in International Law Book PDF

Author : Hitoshi Nasu
Publisher : West Point Press
Page : 308 pages
File Size : 42,6 Mb
Release : 2022-12-23
Category : Law
ISBN : 9781959631019

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The Concept of Security in International Law by Hitoshi Nasu Pdf

This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law.

Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 27 (2014)

Anonim
Hague Yearbook of International Law Annuaire de La Haye de Droit International Vol 27 2014 Book PDF

Author : Anonim
Publisher : BRILL
Page : 214 pages
File Size : 47,7 Mb
Release : 2016-12-01
Category : Law
ISBN : 9789004324862

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Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 27 (2014) by Anonim Pdf

The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague.

Contract Law in Slovak Republic

Josef Fiala,Jan Hurdig
Contract Law in Slovak Republic Book PDF

Author : Josef Fiala,Jan Hurdig
Publisher : Kluwer Law International B.V.
Page : 182 pages
File Size : 45,9 Mb
Release : 2017-04-24
Category : Law
ISBN : 9789041187659

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Contract Law in Slovak Republic by Josef Fiala,Jan Hurdig Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the Slovak Republic covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Slovak Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

The Space Treaties at Crossroads

George D. Kyriakopoulos,Maria Manoli
The Space Treaties at Crossroads Book PDF

Author : George D. Kyriakopoulos,Maria Manoli
Publisher : Springer
Page : 197 pages
File Size : 42,7 Mb
Release : 2019-02-18
Category : Law
ISBN : 9783030014797

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The Space Treaties at Crossroads by George D. Kyriakopoulos,Maria Manoli Pdf

This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at “The Space Treaties at Crossroads: Considerations de lege ferenda,” held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University

Public International Law

Alina Kaczorowska-Ireland
Public International Law Book PDF

Author : Alina Kaczorowska-Ireland
Publisher : Taylor & Francis
Page : 1298 pages
File Size : 40,8 Mb
Release : 2023-07-14
Category : Law
ISBN : 9781000896879

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Public International Law by Alina Kaczorowska-Ireland Pdf

The sixth edition of Public International Law continues the book’s accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Uniquely both a textbook and a casebook, the facts of each case and the details of decisions are succinctly set out, followed by detailed commentary and, where appropriate, a brief explanation of subsequent events. Fully up to date with all recent developments, the sixth edition covers the major areas of public international law and examines the leading cases of the International Court of Justice and other international courts and tribunals, whilst paying attention to judgments of national courts, including the UK Supreme Court, the US Supreme Court, and courts of many other countries when they make challenging or novel contributions to international law. Features designed to support learning include highlighted key cases, introductory chapter overviews and concise outlines, and recommended further reading. New to this edition are study boxes which apply public international law to recent events and examine controversial legal issues in a constructive way, including the ongoing armed conflict between Russia and Ukraine, the murder of Jamal Khashoggi, and the judicial battle of Julian Assange. Diagrammatic aides-mémoires at the end of each chapter have also been updated to further summarise topics covered in that chapter. This book is an ideal learning tool for students of law or political science, practitioners, and legal advisors and provides a clear and straightforward overview for anyone with an interest in international law.

Economic Sanctions and International Law

Matthew Happold,Paul Eden
Economic Sanctions and International Law Book PDF

Author : Matthew Happold,Paul Eden
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 50,7 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781782254720

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Economic Sanctions and International Law by Matthew Happold,Paul Eden Pdf

In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, Economic Sanctions and International Law provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. The book will be of interest to scholars and practitioners of international law and politics.

The Rule of Law at the National and International Levels

Machiko Kanetake,André Nollkaemper
The Rule of Law at the National and International Levels Book PDF

Author : Machiko Kanetake,André Nollkaemper
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 52,7 Mb
Release : 2016-04-21
Category : Law
ISBN : 9781782256151

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The Rule of Law at the National and International Levels by Machiko Kanetake,André Nollkaemper Pdf

This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

Human Rights and Drug Control

Saul Takahashi
Human Rights and Drug Control Book PDF

Author : Saul Takahashi
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 55,8 Mb
Release : 2016-08-11
Category : Law
ISBN : 9781509901135

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Human Rights and Drug Control by Saul Takahashi Pdf

It has become almost accepted knowledge within international policy circles that efforts against drug trafficking and drug abuse violate human rights, and that the entire international drug control regime needs to be changed (or even discarded altogether) to adopt a more 'rights respecting' approach. Though this view has been promoted by many prominent figures and organisations, the author of this book uses his expertise in both human rights and drug control to show that the arguments advanced in this area do not stand close scrutiny. The arguments are in fact based on selective and questionable interpretations of international human rights standards, and on a general notion – more and more clearly stated – that there is a human right to take drugs, and that any effort to combat drug abuse by definition violates this right. There is no such right in international law, and the author objects to the misuse of human rights language as a marketing tool to bring about a 'back door' legalisation of drugs. Human rights issues must be addressed, but that in no way means that the international drug control regime must be discarded, or that efforts against drugs must be stopped.

States, the Law and Access to Refugee Protection

Maria O'Sullivan,Dallal Stevens
States the Law and Access to Refugee Protection Book PDF

Author : Maria O'Sullivan,Dallal Stevens
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 43,5 Mb
Release : 2017-03-23
Category : Law
ISBN : 9781509901296

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States, the Law and Access to Refugee Protection by Maria O'Sullivan,Dallal Stevens Pdf

This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.