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Author: Jan Klabbers
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105325
Category : Political Science
Languages : en
Pages : 220
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Book Description
This focused collection of essays on various aspects of the law of treaties does justice to its honoree, scholar and author Professor Bert E.W. Vierdag, on the occasion of his retirement as Professor of International Law and International Relations at the University of Amsterdam. Written by leading academics in the field as well as practitioners and former practitioners, the essays cover: - the alignment of treaties with more general sources doctrine, addressing such issues as conflicts between various types of treaties and the relationship between treaties and customary international law, and between treaties and domestic law; - the emergence of treaty norms through various ways and methods; and - the creation of treaty law in several branches of international law. This cohesive, focused, expert work will assist and appeal to both academics in the fields of public law and political science and professionals engaged in international negotiations and treaty-making.
Author: Jan Klabbers
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105325
Category : Political Science
Languages : en
Pages : 220
Get Book Here
Book Description
This focused collection of essays on various aspects of the law of treaties does justice to its honoree, scholar and author Professor Bert E.W. Vierdag, on the occasion of his retirement as Professor of International Law and International Relations at the University of Amsterdam. Written by leading academics in the field as well as practitioners and former practitioners, the essays cover: - the alignment of treaties with more general sources doctrine, addressing such issues as conflicts between various types of treaties and the relationship between treaties and customary international law, and between treaties and domestic law; - the emergence of treaty norms through various ways and methods; and - the creation of treaty law in several branches of international law. This cohesive, focused, expert work will assist and appeal to both academics in the fields of public law and political science and professionals engaged in international negotiations and treaty-making.
Author: Ulf Linderfalk
Publisher: Springer Science & Business Media
ISBN: 1402063628
Category : Law
Languages : en
Pages : 429
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Book Description
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.
Author: Gerhard Loibl
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041115362
Category : Law
Languages : en
Pages : 470
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Book Description
The "Austrian Review of International and European Law" is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprises scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.
Author: Irina Buga
Publisher: Oxford University Press
ISBN: 0191091901
Category : Law
Languages : en
Pages : 481
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Book Description
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: Jan Klabbers
Publisher: Edward Elgar Publishing
ISBN: 1782540954
Category : Law
Languages : en
Pages : 179
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Book Description
The Advanced Introduction to the Law of International Organizations gives a nuanced overview of the legal mechanisms behind the operation of international organizations such as the UN, the EU and the World Bank. It offers perceptive insights by placing
Author: Erika De Wet
Publisher: Oxford University Press
ISBN: 0191627763
Category : Law
Languages : en
Pages :
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Book Description
This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a hierarchy can be said to exist through an analysis of the case law of national courts. Each chapter of the book examines domestic case law on an issue where human rights obligations conflict with another international law requirement, to see whether national courts gave precedence to human rights. If this is shown to be the case, it would lend support to the argument that the international legal order is moving toward a vertical legal system, with human rights at its apex. In resolving conflicts between human rights obligations and other areas of international law, the practice of judicial bodies, both domestic and international, is crucial. Judicial practice indicates that norm conflicts typically manifest themselves in situations where human rights obligations are at odds with other international obligations, such as immunities; extradition and refoulement; trade and investment law; and environmental protection. This book sets out and analyses the relevant case law in all of these areas.
Author:
Publisher: BRILL
ISBN: 900468414X
Category : Law
Languages : en
Pages : 545
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Book Description
The Festschrift New Trends in International Law is a collective work which reflects the contributions of Judge Owada to the development of international law, and also deals with various issues of modern international law which have been challenged by the third world. The contributors are jurists from the ICJ and ILOS whose judgments and advisory opinions constitute the formal sources of modern international law. New Trends in International Law also presents contributions from a number of the most highly qualified scholars of various nations whose specialisations are frequently adopted as material sources of international law New Trends in International Law is an invaluable resource for modern international law which provides the entire spectrum of its evolution and its key challenges. It provides an ideal reference source for students, post-graduate researchers, practitioners, functionaries of international institutions, as well as government officials in charge of foreign affairs.
Author: Académie de Droit International de la Ha Staff
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041118554
Category : Law
Languages : en
Pages : 498
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Book Description
The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law," The contents of this volume consist of: - International Protection of the Environment by M.A. FITZMAURICE, Professor at Queen Mary University of London. To access the abstract texts for this volume please click here
Author: Gesa Kübek
Publisher: Bloomsbury Publishing
ISBN: 1509964649
Category : Law
Languages : en
Pages : 341
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Book Description
This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 0521455464
Category : Law
Languages : en
Pages : 285
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Book Description
Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.
