The Unanimity Rule In The Revision Of Treaties A Re Examination

Author : Edwin C. Hoyt
Publisher : Springer Science & Business Media
Page : 274 pages
File Size : 41,6 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401195669

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The Unanimity Rule in the Revision of Treaties a Re-Examination by Edwin C. Hoyt Pdf

In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality.

Author : Edwin C Hoyt,Philip C Jessup
Publisher : Unknown
Page : 280 pages
File Size : 49,8 Mb
Release : 2012-05-19
Category : Electronic
ISBN : 9401195676

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The Unanimity Rule in the Revision of Treaties by Edwin C Hoyt,Philip C Jessup Pdf

Author : Alex G. Oude Elferink
Publisher : Martinus Nijhoff Publishers
Page : 269 pages
File Size : 42,6 Mb
Release : 2005
Category : Nature
ISBN : 9789004146136

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Stability And Change in the Law of the Sea by Alex G. Oude Elferink Pdf

This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.

Author : K. C. Wellens,L.A.N.M. Barnhoorn
Publisher : BRILL
Page : 377 pages
File Size : 55,9 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004635135

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Diversity in Secondary Rules and the Unity of International Law by K. C. Wellens,L.A.N.M. Barnhoorn Pdf

This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.

Author : Hungdah Chiu
Publisher : Springer
Page : 240 pages
File Size : 52,5 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401509114

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The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded by Hungdah Chiu Pdf

Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e. , the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber some. 1 E. g. , the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.

Author : Malgosia Fitzmaurice,Panos Merkouris
Publisher : Cambridge University Press
Page : 427 pages
File Size : 55,9 Mb
Release : 2020-06-25
Category : Law
ISBN : 9781108495882

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Treaties in Motion by Malgosia Fitzmaurice,Panos Merkouris Pdf

The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.

Author : Duncan B. Hollis
Publisher : Oxford University Press, USA
Page : 897 pages
File Size : 48,9 Mb
Release : 2020-05-28
Category : Law
ISBN : 9780198848349

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The Oxford Guide to Treaties by Duncan B. Hollis Pdf

The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.

Author : Irina Buga
Publisher : Oxford University Press
Page : 375 pages
File Size : 45,9 Mb
Release : 2018-04-04
Category : Law
ISBN : 9780191091902

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Modification of Treaties by Subsequent Practice by Irina Buga Pdf

While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.

Author : Giovanni Distefano
Publisher : BRILL
Page : 991 pages
File Size : 41,7 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 : Cambridge University Press
Page : 423 pages
File Size : 40,6 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781108842204

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An Introduction to International Organizations Law by Jan Klabbers Pdf

Provides a framework for understanding how organizations are set up and the logic behind international organizations law.

Author : Djura Ninčić
Publisher : Brill Archive
Page : 406 pages
File Size : 40,6 Mb
Release : 1970-07
Category : Law
ISBN : 8210379456XXX

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The Problem of Sovereignty in the Charter And in the Practice of the United Nations by Djura Ninčić Pdf

Author : C.B. Bourne,A. Donat Pharand
Publisher : UBC Press
Page : 354 pages
File Size : 50,9 Mb
Release : 2024-07-03
Category : Law
ISBN : 00690058:1966::4::

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The Canadian Yearbook of International Law, Volume IV 1966 / Tome IV by C.B. Bourne,A. Donat Pharand Pdf

The Canadian Yearbook of International Law is issued annually under the auspices of the Canadian Branch of the International Law Association (Canadian Society of International Law) and the Canadian Council on International Law. The Yearbook contains articles of lasting significance in the field of international legal studies, a notes and comments section, a digest of international economic law, a section on current Canadian practice in international law, a digest of important Canadian cases in the fields of public international law, private international law, and conflict of laws, a list of recent Canadian treaties, and book reviews.

Author : Günther Doeker
Publisher : Springer
Page : 308 pages
File Size : 46,8 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401195607

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The treaty-making power in the Commonwealth of Australia by Günther Doeker Pdf

In the relation of states, treaties are a matter of great importance. The law of treaties and the study of treaty-making procedures in municipal law systems have become both from a theoretical and practical point of view, subjects of increasing interest. The United Nations Legal Committee as well as the International Law Commission have published studies concerned with the relationship of international law and municipal law, emphasizing national practices concerning the conclusion of treaties. In the case of some countries, such as Great Britain and the United States, numerous studies of treaty making problems have been made, but much less has been published in the case of many other countries such as Australia, Canada or India. In the case of Australia, research on treaty-making has resulted in comparatively few published articles in scholarly and legal journals and only a few comments in general legal treatises. But no comprehen sive legal analysis of the subject has as yet appeared. This study aims to present a comprehensive survey and analysis of actual treaty making procedures and practices in Australia against the setting of the relevant constitutional and other legal norms of the Australian political system. The analysis of treaty-making will consider both normative and empirical legal aspects. Basic constitutional norms, legal principles derived from common and constitutional law and statutes will be discussed, as well as the actual practices and procedures used in the exercise of the treaty-making power.

Author : Carlos Closa
Publisher : Routledge
Page : 245 pages
File Size : 43,7 Mb
Release : 2013-09-02
Category : Political Science
ISBN : 9781136767319

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The Politics of Ratification of EU Treaties by Carlos Closa Pdf

Since its inception, the European Union (EU) has revised its foundational treaties several times, resulting in national ratification processes involving different actors, with varying success. This book focuses on the politics of ratification of EU Treaties and reviews the processes of ratification of EU primary legislation. Existing research and academic debate on EU constitutional politics have almost exclusively focussed on negotiation of new treaties and their institutional setting. However, this book explains how the result of ratification was achieved, and analyses the strategy that actors pursue across Europe. Ratification of the Treaty of Maastricht and the EU Constitution failed totally, whilst other ratification can be considered partial failures such as the Irish Nice and Lisbon referendums. As the EU Constitution has proved, the ratification process may have deep effects unforeseen during the processes of negotiation. In recent years, ratification has produced some of the most intense debates on national membership of the EU and the EU itself. The Politics of Ratification of EU Treaties will be of interest to students and researchers of European Studies, European Union studies, European Union Law and European Union Politics.

Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 853 pages
File Size : 42,7 Mb
Release : 2009-05-14
Category : Law
ISBN : 9781139576468

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An Introduction to International Institutional Law by Jan Klabbers Pdf

International institutions are powerful players on the world stage, and every student of international law requires a clear understanding of the forces that shape them. For example, with increasing global influence comes the need for internal control and accountability. This thought-provoking overview considers these and other forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states. Covering recent scholarly developments, such as the rise of constitutionalism and global administrative law, and analysing the impact of important cases, such as the ICJ's Genocide case (2007) and the Behrami judgment of the European Court of Human Rights (2007), its clarity of explanation and analytical approach allow students to understand and think critically about a complex subject.