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The Vienna Convention on the Law of Treaties
Examines the key features of the Vienna Convention (reservations and modifications, application, interpretation, suspension and settlement of dispute), as well as discussing its scope and significance.
Research Handbook on the Law of Treaties
Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and unifor
Necessity and National Emergency Clauses
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Practising Virtue
International arbitration is one of the main mechanisms to settle cross-border disputes between states, private commercial actors, and private and public entities. Yet its theoretical penetration is incomplete. This book, by arbitrators, counsel, and scholars, provides fundamental theoretical insights into international arbitration.
The Right to Food and the World Trade Organization's Rules on Agriculture
In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
The Taxation of Fees for Technical Services on the Basis of Article 12A UN Model Convention
Although rules on the allocation of taxing rights for fees for technical services have been provided for in bilateral tax treaties by African, Asian, and South American countries for decades, it was only in the 2017 update that the UN Model Tax Treaty included Article 12A on the matter, thus suggesting its inclusion in the tax treaty network of its Member States. Consequently, from a cross-border perspective, the interpretation of Article 12A is of great importance for both taxpayers and tax authorities. This book presents the first comprehensive analysis of the scope of technical services in comparison to ordinary (non-technical) services and the differentiation between Article 12A and othe...
Beyond the Border
The Brexit vote for UK withdrawal from the EU has put the constitutional future of Northern Ireland centre-stage once again. Beyond the Border is an authoritative, timely and up-to-date guide to the provisions of the Good Friday Agreement. A compelling and accessible exploration of how the Agreement can be upheld despite Brexit uncertainties, and implemented despite political deadlock, it powerfully argues for the permanence of the Agreement and its cross-community approach, even in the event of the achievement of Irish unity. It comprehensively explains the radical implications of the principle of parity of esteem between the traditions and how the conflicting aspirations of nationalists an...
Interpretation in International Law
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 illu...
The Use of Force Against Individuals in War Under International Law
Is it legal to kill, or capture and confine, a person in war? This monograph addresses this heavily contested question from an interdisciplinary perspective, combining doctrinal, social-theoretical, and socio-legal approaches.--
