The Law of Treaties Beyond the Vienna Convention PDF Download

Author: Mahnoush H. Arsanjani
Publisher: American Chemical Society
ISBN: 0199588910
Category : Law
Languages : en
Pages : 498

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Book Description
This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Author: Richard K. Gardiner
Publisher: Oxford University Press, USA
ISBN: 0199669236
Category : Law
Languages : en
Pages : 577

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Book Description
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: Simon Chesterman
Publisher: Oxford University Press, USA
ISBN: 0190947845
Category : Law
Languages : en
Pages : 737

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Book Description
The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.

Author: Rudiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 9783540252993
Category : Law
Languages : en
Pages : 656

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Book Description
The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.

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.

Author: Jill Barrett
Publisher: Cambridge University Press
ISBN: 1107111900
Category : Business & Economics
Languages : en
Pages : 533

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Book Description
Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

Author: Professor Srini Sitaraman
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409499162
Category : Political Science
Languages : en
Pages : 358

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Book Description
Why do some states resist entering into international treaty regimes while others demonstrate eagerness to participate? Although factors such as degree of pressure exerted by international actors, ambiguity in the treaty language and a regime's 'lack of teeth' (enforcement and sanctioning mechanism) do affect participation, this book investigates whether internal (domestic) factors may ultimately be responsible for influencing why a state resists or joins international treaty regimes. The volume draws on United Nations treaty ratification data from three different issue areas – arms control, environment and human rights – to study the participation patterns of democracies and non-democracies in international treaty regimes. Incorporating two in-depth case studies on the United States and China, the author traces the impact of domestic institutional structure, state capacity and internal social norms on state decisions to resist or participate.

Author: Barbara Koremenos
Publisher: Cambridge University Press
ISBN: 1316586375
Category : Political Science
Languages : en
Pages : 457

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Book Description
Every year, states negotiate, conclude, sign, and give effect to hundreds of new international agreements. Koremenos argues that the detailed design provisions of such agreements matter for phenomena that scholars, policymakers, and the public care about: when and how international cooperation occurs and is maintained. Theoretically, Koremenos develops hypotheses regarding how cooperation problems like incentives to cheat can be confronted and moderated through law's detailed design provisions. Empirically, she exploits her data set composed of a random sample of international agreements in economics, the environment, human rights and security. Her theory and testing lead to a consequential discovery: considering the vagaries of international politics, international cooperation looks more law-like than anarchical, with the detailed provisions of international law chosen in ways that increase the prospects and robustness of cooperation. This nuanced and sophisticated 'continent of international law' can speak to scholars in any discipline where institutions, and thus institutional design, matter.

Author: Bertrand G. Ramcharan
Publisher: Martinus Nijhoff Publishers
ISBN: 900417608X
Category : Political Science
Languages : en
Pages : 305

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Book Description
This book has a simple objective: to present the fundamentals of international human rights treaty law in a way that can be helpful to the national leader, official, or legal adviser whose duty it is to help put a human rights treaty regime into the law and practice in his or her country. It is a book of international law, as provided for in the principal international and regional human rights treaties and draws upon the jurisprudence and practice of their monitoring organs.

Author: Barbara Koremenos
Publisher: Cambridge University Press
ISBN: 9781139449120
Category : Political Science
Languages : en
Pages : 372

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Book Description
International institutions vary widely in terms of key institutional features such as membership, scope, and flexibility. In this 2004 book, Barbara Koremenos, Charles Lipson, and Duncan Snidal argue that this is so because international actors are goal-seeking agents who make specific institutional design choices to solve the particular cooperation problems they face in different issue-areas. Using a Rational Design approach, they explore five features of institutions - membership, scope, centralization, control, and flexibility - and explain their variation in terms of four independent variables that characterize different cooperation problems: distribution, number of actors, enforcement, and uncertainty. The contributors to the volume then evaluate a set of conjectures in specific issue areas ranging from security organizations to trade structures to rules of war to international aviation. Alexander Wendt appraises the entire Rational Design model of evaluating international organizations and the authors respond in a conclusion that sets forth both the advantages and disadvantages of such an approach.