Author: Belinda Mcmahon Publisher: T.M.C. Asser Press ISBN: 9789067047142 Category : Law Languages : en Pages : 318
Book Description
The Iron Rhine Arbitration (or 'Jzeren Rijn' as it is known in Dutch) decided, in 2005, a dispute between the Kingdom of Belgium and the Kingdom of the Netherlands concerning the reactivation of the Iron Rhine railway linking the port of Antwerp, Belgium, to the Rhine Basin in Germany across certain parts of Dutch territory. The Arbitral Tribunal was called upon to interpret nineteenth-century treaties, which granted certain rights to Belgium on the territory of the Netherlands, and to consider the entitlement of the Netherlands to insist on conditions specified under Dutch law, particularly with respect to environmental protection, for reactivation of the railway. This unique bilingual edition comprises the official English version of the Award, as well as a French translation. It includes an Introduction by Colin Warbrick, Professor of Public International Law at the University of Birmingham.
Author: Permanent Court of Arbitration Publisher: Asser Press ISBN: Category : Law Languages : en Pages : 336
Book Description
The Iron Rhine Arbitration (or 'Jzeren Rijn' as it is known in Dutch) decided, in 2005, a dispute between the Kingdom of Belgium and the Kingdom of the Netherlands concerning the reactivation of the Iron Rhine railway linking the port of Antwerp, Belgium, to the Rhine Basin in Germany across certain parts of Dutch territory. The Arbitral Tribunal was called upon to interpret nineteenth-century treaties, which granted certain rights to Belgium on the territory of the Netherlands, and to consider the entitlement of the Netherlands to insist on conditions specified under Dutch law, particularly with respect to environmental protection, for reactivation of the railway. This unique bilingual edition comprises the official English version of the Award, as well as a French translation. It includes an Introduction by Colin Warbrick, Professor of Public International Law at the University of Birmingham.
Author: Niels M. Blokker Publisher: BRILL ISBN: 9047418697 Category : Law Languages : en Pages : 277
Book Description
The work of legal practitioners in the field of international law, particularly when working in a ministry of foreign affairs, takes place at the crossroads of international relations and international law. The legal advisers of ministries of foreign affairs provide advice on the content of international law, and how it should be interpreted and applied in a particular situation. Since Johan Lammers became Legal Adviser, the Netherlands – quite unexpectedly – was increasingly facing situations in which it would become involved in litigation concerning international law. The first essays in this collection deal with actual or potential interstate disputes involving the Netherlands before international courts and arbitral tribunals, followed by articles with respect to international courts and other international bodies before which individuals may appear as applicant or defendant. The final set of essays deal with the increasing number of cases in which international law is invoked in national court proceedings. This work provides insight into the role of the international legal practitioners working for the government of the Netherlands and should be of particular interest to their colleagues in other foreign ministries and other lawyers interested in a reflection on the law in action.
Author: Julian Wyatt Publisher: Bloomsbury Publishing ISBN: 1509929509 Category : Law Languages : en Pages : 334
Book Description
Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law.
Author: Richard Gardiner Publisher: OUP Oxford ISBN: 0191648043 Category : Law Languages : en Pages : 605
Book Description
This series features works on substantial topics in international law which provide authoritative statements of the chosen areas. Taken together they map out the whole of international law in a set of scholarly reference works and treatises intended to be of use to scholars, practitioners, and students. This book provides a guide to interpreting treaties properly in accordance with the modern rules for treaty interpretation which are codified in the Vienna Convention on the Law of Treaties. These rules now apply to virtually all treaties both in an international context and within many national legal systems where treaties have an impact on a large and growing range of matters. 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 but also how these rules have been, and are to be, applied in practice. There is now a considerable body of case law on application of the codified rules. This case law, combined with the history and analysis of the rules, 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 legislation. This expanded edition includes consideration of a range of recent cases, takes account of relevant work of the International Law Commission, and has new material addressing matters raised in the growing body of literature on treaty interpretation.
Author: Gabriel Orellana Zabalza Publisher: LIT Verlag Münster ISBN: 3643902670 Category : Law Languages : en Pages : 389
Book Description
This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)
Author: Igor V. Karaman Publisher: Martinus Nijhoff Publishers ISBN: 9004212019 Category : Law Languages : en Pages : 438
Book Description
The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.
Author: Barry E. Carter Publisher: Aspen Publishing ISBN: 1543801307 Category : Law Languages : en Pages : 1272
Book Description
Intended for use in an International Law survey course, International Law, Seventh Edition provides comprehensive coverage of foundational international law questions, including the nature and sources of international law, core doctrinal topics such as the subjects of international law (states and international organizations), and the jurisdictional powers and immunities of states. The book also addresses key substantive topics in international law, with reference to important contemporary foreign policy issues, such as (i) international human rights, (ii) the law of the sea, (iii) international environmental law, (iv) the use of force and the law of armed conflict, and (v) international criminal law. Key Features: New co-author Duncan Hollis of Temple Law School joins Stanford Law School’s Allen Weiner as the active authors of the book. New discussions of major international developments, including the law governing the use of force [e.g., cyber operations and the military campaign against the Islamic State (ISIS)], nonproliferation (e.g., the Iranian and North Korean nuclear crises), the law of the sea (e.g., disputed maritime claims in the South China Sea), and international environmental law (e.g., the conclusion of the Paris Agreement). New case study in Chapter 1 focused on the international response to the rise of ISIS. Inclusion of extended excerpts from a number of major recent Supreme Court decisions related to international law, including Bond v. United States (on fundamental principles of federalism and the treaty power under Article VI of the Constitution), Zivotofsky v. Kerry (on the separation of powers between Congress and the President in the field of foreign affairs), and Kiobel v. Royal Dutch Petroleum Co. (on the Alien Tort Statute). Adopts a modern, conceptual approach to the presentation of materials on statehood (including Palestinian claims to statehood), international organizations, and international dispute resolution.
Author: Malgosia Fitzmaurice Publisher: Martinus Nijhoff Publishers ISBN: 9004242813 Category : Law Languages : en Pages : 304
Book Description
The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law
Author: Ole Kristian Fauchald Publisher: Yearbook International Environ ISBN: 0199539642 Category : Language Arts & Disciplines Languages : en Pages : 904
Book Description
This yearbook contains articles from an international team of contributors. Each section of essays covers a topical subject, focusing mainly on environmental law, and the year-in-review section offers a round-up of world-wide legal developments.
Author: Belinda Mcmahon
Author: Permanent Court of Arbitration
Author: Niels M. Blokker
Author: Julian Wyatt
Author: Richard Gardiner
Author: Gabriel Orellana Zabalza
Author: Igor V. Karaman
Author: Barry E. Carter
Author: Malgosia Fitzmaurice
Author: Ole Kristian Fauchald