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Author: Joseph Gold Publisher: Springer ISBN: Category : Business & Economics Languages : en Pages : 694
Book Description
This work concentrates largely on the practice of the IMF in matters of interpretation. The work shows that the motive for resorting to interpretation is not always the obscurity or ambiguity of texts. Other considerations may be taken into account, such as demonstrating that consensus or broad agreement exists on a particular decision. The motive for an interpretative decision may be to prevent the appearance of dictation by one class of members to another class. A similar motive helps to explain why special majorities of the total voting power of all members are required by the treaty for specified categories of decisions.
Author: Joseph Gold Publisher: Springer ISBN: Category : Business & Economics Languages : en Pages : 694
Book Description
This work concentrates largely on the practice of the IMF in matters of interpretation. The work shows that the motive for resorting to interpretation is not always the obscurity or ambiguity of texts. Other considerations may be taken into account, such as demonstrating that consensus or broad agreement exists on a particular decision. The motive for an interpretative decision may be to prevent the appearance of dictation by one class of members to another class. A similar motive helps to explain why special majorities of the total voting power of all members are required by the treaty for specified categories of decisions.
Author: Vaughan Lowe Publisher: OUP Oxford ISBN: 0191027286 Category : Law Languages : en Pages : 328
Book Description
International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.
Author: Eva Riesenhuber Publisher: BRILL ISBN: 9004479007 Category : Business & Economics Languages : en Pages : 440
Book Description
The International Monetary Fund under Constraint exposes a legal dilemma facing the IMF as it tackles international crisis management. Using the Asian crisis - and more particularly economic and political events in Indonesia - as an example, this volume examines whether the Fund's activities in Asia were legally justified. The results of this analysis lead to the following question: What future role can the IMF play in the international financial architecture? The principles of international law and the legal foundations of the Fund are used to analyse the reform suggestions of economic experts and to find a suitable concept for future IMF involvement in financial crises and crises prevention. This volume is a long-overdue legal analysis of IMF activities. It presents the combination of law and economics which was originally at the heart of the IMF but which so far has been ignored in today's reform discussion.
Author: Andrea Bianchi Publisher: OUP Oxford ISBN: 0191038695 Category : Law Languages : en Pages : 433
Book Description
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Author: Publisher: International Monetary Fund ISBN: 9781589062252 Category : Business & Economics Languages : en Pages : 163
Book Description
This handbook seeks to provide technical guidance for IMF member countries and other jurisdictions preparing legislation to meet international standards aimed at combating the financing of terrorism. It contains information on key legal source materials and includes examples of drafting legislation on specific matters such as: defining terrorist acts such as money laundering and conspiracy; jurisdictional and procedural issues; freezing and seizing terrorist assets; and international co-operation.
Author: Richard Gardiner Publisher: OUP Oxford ISBN: 0191021679 Category : Law Languages : en Pages : 1830
Book Description
This book explains the rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. The rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties now apply to virtually all treaties which may be encountered in an international context and also 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, and also some 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. Now that the codified rules of treaty interpretation have been in force for some twenty-five years, 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 book provides a guide to interpreting treaties properly in accordance with the modern rules.
Author: Richard K. Gardiner Publisher: Oxford University Press, USA ISBN: 0199669236 Category : Law Languages : en Pages : 577
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: Yi-Chong Xu Publisher: Oxford University Press ISBN: 0198719493 Category : Law Languages : en Pages : 271
Book Description
This volume examines the actions and decisions of International Organizations (IOs), and through a comparative study of six IOs examines how their structures, rules, and norms shape the choice-selections of players.
Author: Joseph Gold
Author: Joseph Gold
Author: Vaughan Lowe
Author: Eva Riesenhuber
Author: Mac Darrow
Author: Andrea Bianchi
Author: 
Author: Willem J. M. van Genugten
Author: Richard Gardiner
Author: Richard K. Gardiner
Author: Yi-Chong Xu