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The Theory, Practice and Interpretation of Customary International Law
  • Language: en
  • Pages: 647

The Theory, Practice and Interpretation of Customary International Law

  • Categories: Law

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Treaties in Motion
  • Language: en
  • Pages: 427

Treaties in Motion

  • Categories: Law

The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.

Interpretation of Customary International Law
  • Language: en

Interpretation of Customary International Law

  • Categories: Law

Whereas the identification of rules of customary international law, through general practice and opinio juris, has been dealt extensively in literature and practice, their interpretation has remained surprisingly unexplored. It is this gap that this short monograph aims to address.

Customary International Law and Its Interpretation by International Courts: Volume 3
  • Language: en

Customary International Law and Its Interpretation by International Courts: Volume 3

  • Categories: Law

It is notorious that international courts and tribunals have greatly contributed to the development of customary international law (CIL) by, for instance, articulating the constituent elements of custom and clarifying the conditions required for its modification. This volume demonstrates that they have also been actively engaged in the interpretation of CIL. In elucidating CIL interpretation before and by international courts and tribunals, the volume chooses three focal points: theory, method and normative interactions. Viewing CIL and its interpretation from these vantage points leads to a more complete picture of the role and function of CIL interpretation in international courts. The volume encourages readers to question orthodox theories on CIL and its interpretation, to look anew at what has long been labelled mere identification of custom, and to take a systemic approach to CIL, which, even in the process of interpretation, remains unwaveringly connected to treaties and general principles of law.

Permutations of Responsibility in International Law
  • Language: en
  • Pages: 288

Permutations of Responsibility in International Law

  • Categories: Law
  • Type: Book
  • -
  • Published: 2019-02-11
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  • Publisher: BRILL

In Permutations of Responsibility in International Law the concept of responsibility in international law is tackled from a multitude of angles. The various contributions, which emerged from the proceedings of the ILA Hellenic Branch Regional Conference (2012), examine both classical and modern issues relating to the nature of responsibility, both as responsibility for unlawful acts and liability for lawful acts, the multifariousness of actors whose actions (or omissions) may give rise to responsibility, and finally the plethora of responsibility-related issues that have emerged in different areas of international law, be it international law of the sea, trade and investment or human rights law.

Research Handbook on International Environmental Law
  • Language: en
  • Pages: 543

Research Handbook on International Environmental Law

  • Categories: Law

This thoroughly updated and revised second edition of this foundational Handbook combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). It provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.

The Interpretation and Application of the European Convention of Human Rights
  • Language: en
  • Pages: 304

The Interpretation and Application of the European Convention of Human Rights

  • Categories: Law

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

Article 31(3)(c) VCLT and the Principle of Systemic Integration
  • Language: en
  • Pages: 391

Article 31(3)(c) VCLT and the Principle of Systemic Integration

  • Categories: Law
  • Type: Book
  • -
  • Published: 2015-06-24
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  • Publisher: BRILL

In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.

The Interpretation and Application of the European Convention of Human Rights
  • Language: en
  • Pages: 303

The Interpretation and Application of the European Convention of Human Rights

  • Categories: Law

In The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, the aim is to offer a two-pronged approach on the effect that the ECHR has in the field of human rights as well as in other areas of international law. The first part explores general and theoretical aspects of the application of the ECHR, such as provisional apllication, norm-conflict resolution, the interplay between human rights and occupation law. The second Part, building on the research and conclusions of the first Part, examines the amphidromous relationship of the ECHR with other areas of law. Since no branch of international law exists in "clinical isolation", this Part analyses the effects that the ECHR has on and is recipient of, from a variety of diverse areas of law such as law of the sea, investment law and rights of indigenous peoples.