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Treaties in Motion
  • Language: en
  • Pages: 427

Treaties in Motion

  • Categories: Law

The law of treaties is in constant motion, understood not only as locomotion, but also as motion through time and as change. Thus, kinesis and stasis, two sides of the same concept of 'motion', are the central themes of Treaties in Motion. The concept of motion adopted in this book is based on the philosophy of Aristotle. He identified six types of motion: creation (genesis), increase (auxesis), diminution (meiosis), alteration (alloiosis), destruction (phthora), and change of place (kata topon metabole), which has been amended by the authors to change in space-time (kata topon kai chronon metavole) to reflect our modern scientific understanding of time as a dimension through which motion and change occurs. Each chapter's analysis proceeds by focusing on a specific area of a treaty's 'life-cycle', where each type of motion shines through and is described through three different frames of reference: treaties, the Vienna Convention of the Law of Treaties, and customary law.

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

The Theory, Practice, and Interpretation of Customary International Law

  • Categories: Law

Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core.

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.

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.

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: 2015-06-19
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  • Publisher: BRILL

In Article 31(3)(c) VCLT and the Principle of Systemic Integration the author offers a detailed analysis of and innovative solutions to all the problems relating to Article 31(3)(c) VCLT and its application by international courts when interpreting treaty provisions.

Custom and its Interpretation in International Investment Law
  • Language: en
  • Pages: 433

Custom and its Interpretation in International Investment Law

  • Categories: Law

This edited volume provides an in-depth study of customary international law and its interpretation in international investment law.

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

Permutations of Responsibility in International Law

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

In Permutations of Responsibility in International Law the contributors offer an account of the variety of manifestations of responsibility in international law tackled from the angle of its nature, the actors involved and the different regimes in which it may emerge.

Treaty Interpretation and the Vienna Convention on the Law of Treaties
  • Language: en
  • Pages: 397

Treaty Interpretation and the Vienna Convention on the Law of Treaties

  • Type: Book
  • -
  • Published: 2010
  • -
  • Publisher: BRILL

Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.

Research Handbook on International Environmental Law
  • Language: en
  • Pages: 737

Research Handbook on International Environmental Law

  • Categories: Law

. . . an impressive volume and the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come. Web Journal of Current Legal Issues This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the pre...