[PDF] Article 313c Of The Vclt And The Principle Of Systematic Integration eBook

Author : Panos Merkouris
Publisher : BRILL
Page : 391 pages
File Size : 21,37 MB
Release : 2015-06-24
Category : Law
ISBN : 9004230432

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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.

Author : Gerhard Werle
Publisher : Springer
Page : 349 pages
File Size : 21,44 MB
Release : 2016-11-29
Category : Law
ISBN : 9462651507

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This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

Author : Jeanette Rowley
Publisher : Rowman & Littlefield
Page : 235 pages
File Size : 22,20 MB
Release : 2020-10-05
Category : Law
ISBN : 1793623678

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Towards a Vegan Jurisprudence: The Need for a Reorientation of Human Rightsargues that, in order to give effect to animal rights, human society is obliged to question the extent to which our social norms permit us to manifest compassionate justice to other animals. Jeanette Rowley posits a new perspective on the theory and practice of human rights to accommodate the demands of vegans for rights for nonhuman animals, recognizing the existing argument that the idea grounding human rights is our ethical responsibility to the precarious, mortal other. Rowley develops this principle to ground the rights claims of vegans in the ethics of alterity, applying the concept to nonhuman others to ground the protection of other animals and provide a new approach to human rights litigation to accommodate vegans, calling for the reconceptualization of the very idea of human rights.

Author : Juliette Pattinson
Publisher :
Page : 312 pages
File Size : 44,60 MB
Release : 2020-06-13
Category :
ISBN : 9781526124975

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Taking the Hippocratic paradigm as backbone of the analysis, the book conceptualises a new notion under international law, 'violence against women's health', which allows the reader to reflect on two interrelated dimensions of violence, the horizontal 'inter-personal' and the vertical 'State policies' ones, and on obligations States must abide by.

Author : Hersch Lauterpacht
Publisher : The Lawbook Exchange, Ltd.
Page : 352 pages
File Size : 14,79 MB
Release : 2002
Category : Arbitration (International law)
ISBN : 1584771844

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Lauterpacht, Sir Hersch. Private Law Sources and Analogies of International Law: With Special Reference to International Arbitration. London: Longmans, Green and Co. Ltd., 1927. xxv, 325 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041399. ISBN 1-58477-184-4. Cloth. $75. * A scientific look at the practice of the use of private law for the development of international law. Lauterpacht expands upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. An English international lawyer of Polish birth, Lauterpacht [1897-1960] offers a conception of his subject shaped by academic research and practical experience. He was Whewell Professor of International Law at Cambridge and a member of the Institute of International Law and the British Academy. He also served as a judge of the International Court of Justice and was a Bencher of Gray's Inn. Walker, The Oxford Companion to Law 716. The Lawbook Exchange has also published a reprint of his other noted work, The Function of Law in the International Community.

Author : PROF. DR KAJ. HOBER
Publisher : Oxford University Press, USA
Page : 647 pages
File Size : 23,80 MB
Release : 2020
Category : Energy Charter Treaty
ISBN : 9780199660995

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A detailed article-by-article commentary on the Energy Charter Treaty, including coverage and analysis of the Treaty's history, background, jurisprudence, and reference to relationships with other treaties.

Author : Albert Sánchez Graells
Publisher : Bloomsbury Publishing
Page : 1044 pages
File Size : 15,88 MB
Release : 2015-06-25
Category : Law
ISBN : 1509900284

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Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.