The Paradigm of State Consent in the Law of Treaties

The Paradigm of State Consent in the Law of Treaties
Author: Vassilis Pergantis
Publisher: Edward Elgar Publishing
Total Pages: 513
Release: 2017-08-25
Genre: Law
ISBN: 1786432234

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The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.

Treaty Interpretation

Treaty Interpretation
Author: Richard K. Gardiner
Publisher: Oxford University Press, USA
Total Pages: 577
Release: 2015
Genre: Law
ISBN: 0199669236

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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.

Normativity and Power

Normativity and Power
Author: Rainer Forst
Publisher: Oxford University Press
Total Pages: 209
Release: 2017-10-20
Genre: Law
ISBN: 0192519697

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Humans are justificatory beingsthey offer, demand, and require justifications. The rules and institutions they follow rest on justification narratives that have evolved over time and, taken together, constitute a dynamic and tension-laden normative order. In this collection of essays, the first translation into English of the ground-breaking Normativität und Macht (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By combining insights from the disciplines of philosophy, history, and the social sciences, Forst re-evaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification.

Limits of the Treaty Paradigm

Limits of the Treaty Paradigm
Author: Catherine M. Brölmann
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:

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This paper explores the suitability of the treaty paradigm for contemporary international relations. It takes a cursory glance at some well-established elements of treaty practice which, although slightly at odds with the contractual nature of the treaty, have been addressed and - mostly - accommodated, by the conventional law of treaties. Subsequent sections look at two relatively recent developments, which arguably stretch the treaty concept to its limits: the 'living instrument' doctrine in treaty interpretation and the practice of 'international legislation'. The conclusion with regard to these developments is twofold. First, they are new developments in that they put a strain on the principle of consent, which is at the very heart of the treaty concept. Second, they are only possible in a centralised, 'constitutionalised' environment - be it institutionally delimited, as in the framework of an organisation, or doctrinally, as in a particular field of law such as human rights.

The Evolutionary Interpretation of Treaties

The Evolutionary Interpretation of Treaties
Author: Eirik Bjørge
Publisher:
Total Pages: 241
Release: 2014
Genre: Law
ISBN: 0198716141

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If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

Fiduciaries of Humanity

Fiduciaries of Humanity
Author: Evan J. Criddle
Publisher: Oxford University Press
Total Pages: 393
Release: 2016
Genre: Law
ISBN: 0199397929

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Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.

Treaties in Motion

Treaties in Motion
Author: Malgosia Fitzmaurice
Publisher: Cambridge University Press
Total Pages: 427
Release: 2020-06-25
Genre: Law
ISBN: 1108495885

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

Fundamentals of Public International Law

Fundamentals of Public International Law
Author: Giovanni Distefano
Publisher: BRILL
Total Pages: 991
Release: 2019-05-07
Genre: Law
ISBN: 9004396691

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Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.