The Interpretation Of International Agreements And World Public Order

Author : Harold D. Lasswell,James C. Miller,Myres S. McDougal
Publisher : BRILL
Page : 534 pages
File Size : 50,8 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004633193

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The Interpretation of International Agreements and World Public Order by Harold D. Lasswell,James C. Miller,Myres S. McDougal Pdf

The policy-oriented approach of the New Haven School is widely recognized as a major contribution to the legal and jurisprudential debate on interpretation. Eschewing mechanical textual methods, on the one hand, and anti-textual, solipsistic methods, on the other, the New Haven School has developed a comprehensive and systematic approach to the interpretation of human communication. Drawing upon psychology, legal experience, and communications theory, of which Lasswell was a founder, the authors have developed a theoretically cogent and practical method of interpretation. In the course of doing it, they survey the existing literature, showing its problems. In addition to the original text of The Interpretation of Agreements, this edition includes a new introduction, in which developments since the appearance of the book are examined and appraised, and three important papers which elaborate the theory developed here, including Professor McDougal's scathing critique of the last major international conference on the law of treaties.

Author : Myres Smith MacDougal,Harold Harold Dwight Lasswell,James C Miller (Juriste.)
Publisher : Martinus Nijhoff Publishers
Page : 538 pages
File Size : 49,7 Mb
Release : 1994-05-24
Category : Law
ISBN : 0792325699

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The Interpretation of International Agreements and World Public Order by Myres Smith MacDougal,Harold Harold Dwight Lasswell,James C Miller (Juriste.) Pdf

CONTENTS.

Author : Georg Schwarzenberger
Publisher : London : Stevens & Sons
Page : 328 pages
File Size : 45,5 Mb
Release : 1971
Category : Law
ISBN : UOM:39015015384897

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International Law and Order by Georg Schwarzenberger Pdf

Study of the relationship between international law and order - examines the problem and forms of sovereignty, the abuse of rights and the law of treatys, the peace-conserving functions of international law, the evolution of the laws of war, armed conflicts and neutrality, the legality of nuclear energy weapons, terrorism, revolutionary social movements, mercenaries, etc., and includes a note on hijacking and air piracy. References.

Author : Isabelle Van Damme
Publisher : Unknown
Page : 487 pages
File Size : 42,9 Mb
Release : 2009
Category : Law
ISBN : 9780199562237

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Treaty Interpretation by the WTO Appellate Body by Isabelle Van Damme Pdf

This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.

Author : Richard K. Gardiner
Publisher : Oxford University Press, USA
Page : 577 pages
File Size : 44,7 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.

Author : Myres S Mac Dougal
Publisher : Martinus Nijhoff Publishers
Page : 1092 pages
File Size : 40,8 Mb
Release : 1987
Category : Law
ISBN : 0898389003

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Studies in the World Public Order by Myres S Mac Dougal Pdf

Author : Bhagevatula Satyanarayana Murty
Publisher : Martinus Nijhoff Publishers
Page : 716 pages
File Size : 46,6 Mb
Release : 1989-10-13
Category : Political Science
ISBN : 0792300831

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The International Law of Diplomacy by Bhagevatula Satyanarayana Murty Pdf

Author : Giovanni Distefano
Publisher : BRILL
Page : 991 pages
File Size : 40,9 Mb
Release : 2019-05-07
Category : Law
ISBN : 9789004396692

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Fundamentals of Public International Law by Giovanni Distefano Pdf

Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.

Author : Jan Klabbers
Publisher : Martinus Nijhoff Publishers
Page : 332 pages
File Size : 45,6 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.

Author : Cedric Ryngaert,Erik J. Molenaar,Sarah Nouwen
Publisher : BRILL
Page : 506 pages
File Size : 45,5 Mb
Release : 2015-04-30
Category : Law
ISBN : 9789004294585

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What's Wrong with International Law? by Cedric Ryngaert,Erik J. Molenaar,Sarah Nouwen Pdf

Honouring Professor A.H.A. Soons, scholar and practitioner of international law, this Liber Amicorum identifies gaps or 'wrong norms' in specific fields of international law, and addresses the fundamental question of what is wrong with international law as a system for creatiing global public order.

Author : Myres Smith McDougal
Publisher : Unknown
Page : 1090 pages
File Size : 48,6 Mb
Release : 1960
Category : International law
ISBN : UCAL:$B589946

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Studies in World Public Order by Myres Smith McDougal Pdf

Author : Myres Smith McDougal,Florentino P. Feliciano
Publisher : Unknown
Page : 908 pages
File Size : 47,9 Mb
Release : 1961
Category : Sanctions (International law).
ISBN : UOM:39015057935028

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Law and Minimum World Public Order by Myres Smith McDougal,Florentino P. Feliciano Pdf

Author : Myres Smith McDougal,James Clifford Miller,Harold Dwight Lasswell
Publisher : Unknown
Page : 456 pages
File Size : 51,9 Mb
Release : 1994
Category : Treaties
ISBN : 0898385040

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The Interpretation of International Agreements and World Public Order by Myres Smith McDougal,James Clifford Miller,Harold Dwight Lasswell Pdf

Author : United Nations. Treaty Section
Publisher : Unknown
Page : 0 pages
File Size : 45,5 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.

Author : Ulf Linderfalk
Publisher : Springer Science & Business Media
Page : 429 pages
File Size : 45,6 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.