Interpretative Clauses
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Author | : Diane A. Desierto |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 433 |
Release | : 2012-01-05 |
Genre | : Political Science |
ISBN | : 9004218521 |
Download Necessity and National Emergency Clauses Book in PDF, Epub and Kindle
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.
Author | : Yuliya Chernykh |
Publisher | : International Litigation in Press |
Total Pages | : 632 |
Release | : 2022 |
Genre | : Law |
ISBN | : 9789004414679 |
Download Contract Interpretation in Investment Treaty Arbitration Book in PDF, Epub and Kindle
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author | : Isabelle Van Damme |
Publisher | : |
Total Pages | : 487 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0199562237 |
Download Treaty Interpretation by the WTO Appellate Body Book in PDF, Epub and Kindle
This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Author | : Tanzania |
Publisher | : |
Total Pages | : |
Release | : 1975 |
Genre | : Law |
ISBN | : |
Download Interpretation of Laws and General Clauses Book in PDF, Epub and Kindle
Author | : Georges Abi-Saab |
Publisher | : Bloomsbury Publishing |
Total Pages | : 391 |
Release | : 2019-09-05 |
Genre | : Law |
ISBN | : 1509929908 |
Download Evolutionary Interpretation and International Law Book in PDF, Epub and Kindle
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
Author | : Christian Djeffal |
Publisher | : Cambridge University Press |
Total Pages | : 451 |
Release | : 2016 |
Genre | : Law |
ISBN | : 110711831X |
Download Static and Evolutive Treaty Interpretation Book in PDF, Epub and Kindle
How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.
Author | : Guru Prasanna Singh |
Publisher | : |
Total Pages | : 1312 |
Release | : 2016 |
Genre | : Law |
ISBN | : 9789351439653 |
Download Principles of Statutory Interpretation Book in PDF, Epub and Kindle
Author | : Kim Lewison |
Publisher | : |
Total Pages | : 898 |
Release | : 2015-12-10 |
Genre | : Contracts |
ISBN | : 9780414034075 |
Download The Interpretation of Contracts Book in PDF, Epub and Kindle
This acclaimed work, frequently cited in court, provides clear, practical guidance for all situations where practitioners are faced by questions of contract interpretation, whether they are preparing, advising on or disputing an agreement. It helps practitioners challenge contracts successfully and explain their inadequacies to clients.
Author | : Anqi Wang |
Publisher | : BRILL |
Total Pages | : 325 |
Release | : 2022-10-17 |
Genre | : Law |
ISBN | : 9004517898 |
Download The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration Book in PDF, Epub and Kindle
The open access publication of this book has been published with the support of the Swiss National Science Foundation. In The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration, Dr. Anqi Wang provides suggestions for MFN drafting in future international investment agreements (IIAs), as well as for MFN application by investor-state dispute settlement (ISDS) tribunals in case of ambiguity. Dr. Wang conducts a systemic review of MFN clause in history and maps all the relevant ISDS cases. She argues that ISDS tribunals should interpret the MFN clause according to the treaty text on a case-by-case basis, and that tribunals should also consider state consent as the foundation for the jurisdiction of international adjudication, current IIA reform, and essential treaty interpretive principles.
Author | : |
Publisher | : |
Total Pages | : 1312 |
Release | : 2016 |
Genre | : |
ISBN | : 9789351436379 |
Download Principles of Statutory Interpretation Book in PDF, Epub and Kindle