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Author: Maria Xiouri Publisher: BRILL ISBN: 900436322X Category : Law Languages : en Pages : 446
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, namely between the termination of the treaty or the suspension of its operation and countermeasures.
Author: Maria Xiouri Publisher: BRILL ISBN: 900436322X Category : Law Languages : en Pages : 446
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, namely between the termination of the treaty or the suspension of its operation and countermeasures.
Author: Monique Sasson Publisher: Kluwer Law International B.V. ISBN: 9041161104 Category : Law Languages : en Pages : 435
Book Description
This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.
Author: Jerald A. Combs Publisher: Univ of California Press ISBN: 0520334809 Category : Political Science Languages : en Pages : 266
Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1970.
Author: Mohammed M. Gomaa Publisher: BRILL ISBN: 9004641939 Category : Law Languages : en Pages : 221
Book Description
Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.
Author: Duncan B. Hollis Publisher: ISBN: 019884834X Category : Law Languages : en Pages : 897
Book Description
This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
Author: Suzan Shown Harjo Publisher: Smithsonian Institution ISBN: 1588344789 Category : Social Science Languages : en Pages : 273
Book Description
Nation to Nation explores the promises, diplomacy, and betrayals involved in treaties and treaty making between the United States government and Native Nations. One side sought to own the riches of North America and the other struggled to hold on to traditional homelands and ways of life. The book reveals how the ideas of honor, fair dealings, good faith, rule of law, and peaceful relations between nations have been tested and challenged in historical and modern times. The book consistently demonstrates how and why centuries-old treaties remain living, relevant documents for both Natives and non-Natives in the 21st century.
Author: Steven Pifer Publisher: Brookings Institution Press ISBN: 0815730624 Category : Political Science Languages : en Pages : 384
Book Description
An insider’s account of the complex relations between the United States and post-Soviet Ukraine The Eagle and the Trident provides the first comprehensive account of the development of U.S. diplomatic relations with an independent Ukraine, covering the years 1992 through 2004 following the collapse of the Soviet Union. The United States devoted greater attention to Ukraine than any other post-Soviet state (except Russia) after the breakup of the Soviet Union. Steven Pifer, a career Foreign Service officer, worked on U.S.-Ukraine relations at the State Department and the White House during that period and also served as ambassador to Ukraine. With this volume he has written the definitive narrative of the ups and downs in the relationship between Washington and newly independent Ukraine. The relationship between the two countries moved from heady days in the mid- 1990s, when they declared a strategic partnership, to troubled times after 2002. During the period covered by the book, the United States generally succeeded in its major goals in Ukraine, notably the safe transfer of nearly 2,000 strategic nuclear weapons left there after the Soviet collapse. Washington also provided robust support for Ukraine’s effort to develop into a modern, democratic, market-oriented state. But these efforts aimed at reforming the state proved only modestly successful, leaving a nation that was not resilient enough to stand up to Russian aggression in Crimea in 2014. The author reflects on what worked and what did not work in the various U.S. approaches toward Ukraine. He also offers a practitioner’s recommendations for current U.S. policies in the context of ongoing uncertainty about the political stability of Ukraine and Russia’s long-term intentions toward its smaller but important neighbor.
Author: David Sloss Publisher: Cambridge University Press ISBN: 052187730X Category : Law Languages : en Pages : 657
Book Description
This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.
Author: Maria Xiouri
Author: Maria Xiouri
Author: Monique Sasson
Author: Jerald A. Combs
Author: Mohammed M. Gomaa
Author: Berk Demirkol
Author: United States. Congress. Senate. Committee on Armed Services
Author: Duncan B. Hollis
Author: Suzan Shown Harjo
Author: Steven Pifer
Author: David Sloss