The Paradigm of State Consent in the Law of Treaties PDF Download
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Author: Vassilis Pergantis
Publisher: Edward Elgar Publishing
ISBN: 1786432234
Category : Law
Languages : en
Pages : 513
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Book Description
The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.
Author: Vassilis Pergantis
Publisher: Edward Elgar Publishing
ISBN: 1786432234
Category : Law
Languages : en
Pages : 513
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Book Description
The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.
Author: Richard K. Gardiner
Publisher:
ISBN: 0199669236
Category : Law
Languages : en
Pages : 577
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Book Description
Treaty Interpretation, now in its second edition, explores and analyzes the rules for interpretation of treaties and their application in national and international jurisdictions.
Author: Rainer Forst
Publisher: Oxford University Press
ISBN: 0192519697
Category : Law
Languages : en
Pages : 209
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Book Description
Humans are justificatory beingsthey offer, demand, and require justifications. The rules and institutions they follow rest on justification narratives that have evolved over time and, taken together, constitute a dynamic and tension-laden normative order. In this collection of essays, the first translation into English of the ground-breaking Normativität und Macht (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By combining insights from the disciplines of philosophy, history, and the social sciences, Forst re-evaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification.
Author: Vassillis Pergantis
Publisher: Edward Elgar Publishing
ISBN: 9781786432223
Category : Treaties
Languages : en
Pages : 384
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Book Description
This insightful book offers a comprehensive account of the conceptual challenges facing state consent in the framework of treaty making. It highlights the relevant discursive patterns and pinpoints the increasing antagonism between treaty bodies and state parties over the ownership of treaty evolution, with the author warning of the repercussions of treaty institutionalization.Showcasing the broad and encompassing nature of treaties, the author highlights the surrounding conflicts through chapters on the theory and concept of treaty and case studies on the flexibility of consent to be bound means, treaty withdrawal, the automatic succession doctrine and the law of reservations. The last part of the book explores how the invocation of the collective interest ideal, the institutionalization of treaties and the recurrence of formalism can endanger the legitimacy and effectiveness of treaty regimes.This book offers an original perspective on the role of state consent in the law of treaties and will be of great interest to academics, researchers and practitioners of international law seeking further knowledge about this complex topic.
Author: Jan Klabbers
Publisher: OUP Oxford
ISBN: 0191615919
Category : Law
Languages : en
Pages : 414
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Book Description
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Author: Samantha Besson
Publisher: Cambridge University Press
ISBN: 1009406450
Category : Law
Languages : en
Pages : 393
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Book Description
Revisits an ancient puzzle in international legal theory, providing contemporary and interdisciplinary perspectives.
Author: Giovanni Distefano
Publisher: BRILL
ISBN: 9004396691
Category : Law
Languages : en
Pages : 991
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Book Description
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.
Author: Maria Xiouri
Publisher: BRILL
ISBN: 900436322X
Category : Law
Languages : en
Pages : 446
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Book Description
In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty according to the law of treaties and the law of State responsibility, namely, between the termination of the treaty or the suspension of its operation and countermeasures. Based on extensive analysis of State practice, the relevant legal instruments, international case law and literature, the book critically examines the concept of responses to the breach of a treaty, their legal regime and their operation in practice. It focuses on suspension of the operation of a treaty and countermeasures, challenging the prevailing view that there is a clear distinction between them, and argues that the former has been effectively superseded by the latter.
Author: Steffen Hindelang
Publisher: Oxford University Press
ISBN: 0191058289
Category : Law
Languages : en
Pages : 497
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Book Description
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Author: Jean D'Aspremont
Publisher: Melland Schill Perspectives on
ISBN: 9781526134158
Category : Law
Languages : en
Pages : 464
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Book Description
This collection of essays provides a comprehensive study of the theory and practice on the contribution of international organisations and non-state actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researcher in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making. This volume includes a contribution by Michael Wood, the Special Rapporteur of the International Law Commission on the identification of customary international law, a contribution by Iris Müller, legal advisor of the International Committee of the Red Cross, as well as chapters from some of the most authoritative and established experts on the sources of international law.
