Download or read book The Evolutionary Interpretation of Treaties written by Eirik Bjørge and published by . This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Handbook on the Peaceful Settlement of Disputes Between States written by United Nations. Codification Division and published by New York : United Nations. This book was released on 1992 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Australian Guide to Legal Citation written by Melbourne University Law Review Association Inc and published by . This book was released on 2018-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Vienna Convention on the Law of Treaties written by Oliver Dörr and published by Springer. This book was released on 2018-01-15 with total page 1546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.

Download or read book Collection of Essays by Legal Advisers of States Legal Advisers of International Organizations and Practitioners in the Field of International Law written by United Nations. Office of Legal Affairs and published by United Nations Publications. This book was released on 1999 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has changed radically since 1989, when the General Assembly declared the period from 1990 to 1999 as the United Nations Decade of International Law. During that time, the international community claimed some major achievements as reflected by the adoption of conventions and treaties. This publication presents a collection of essays from legal advisers of States and international organizations, all of whom are among those committed to promoting respect for international law. Their contribution provides a practical perspective on international law, viewed from the standpoint of those involved in its formation, application and administration.

Download or read book Driving Europe written by Frank Schipper and published by Amsterdam University Press. This book was released on 2008 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today we can hardly imagine life in Europe without roads and theautomobiles that move people and goods around. In fact, the vastmajority of movement in Europe takes place on the road. Travelersuse the car to explore parts of the continent on their holidays,and goods travel large distances to reach consumers. Indeed, thetwentieth century has deservedly been characteried as the centuryof the car. The situation looked very different around 1900.People crossing national borders by car encountered multiplehurdles on their way. Technically, they imported their vehicleinto a neighboring country and had to pay astronomic importduties. Often they needed to pass a driving test in each countrythey visited. Early on, automobile and touring clubs sought tomake life easier for traveling motorists.International negotiations tackled the problems arising fromdiffering regulations. The resulting volume describes everythingfrom the standardied traffic signs that saved human lives on theroad to the Europabus taking tourists from Stockholm to Romein the 1950s. Driving Europe offers a highly original portrait of aEurope built on roads in the course of the twentieth century.

Download or read book Forensic Anthropology and Medicine written by Aurore Schmitt and published by Springer Science & Business Media. This book was released on 2007-11-09 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent political, religious, ethnic, and racial conflicts, as well as mass disasters, have significantly helped to bring to light the almost unknown dis- pline of forensic anthropology. This science has become particularly useful to forensic pathologists because it aids in solving various puzzles, such as id- tifying victims and documenting crimes. On topics such as mass disasters and crimes against humanity, teamwork between forensic pathologists and for- sic anthropologists has significantly increased over the few last years. This relationship has also improved the study of routine cases in local medicolegal institutes. When human remains are badly decomposed, partially skelet- ized, and/or burned, it is particularly useful for the forensic pathologist to be assisted by a forensic anthropologist. It is not a one-way situation: when the forensic anthropologist deals with skeletonized bodies that have some kind of soft tissue, the advice of a forensic pathologist would be welcome. Forensic anthropology is a subspecialty/field of physical anthropology. Most of the background on skeletal biology was gathered on the basis of sk- etal remains from past populations. Physical anthropologists then developed an indisputable “know-how”; nevertheless, one must keep in mind that looking for a missing person or checking an assumed identity is quite a different matter. Pieces of information needed by forensic anthropologists require a higher level of reliability and accuracy than those granted in a general archaeological c- text. To achieve a positive identification, findings have to match with e- dence, particularly when genetic identification is not possible.

Download or read book The Work of the International Law Commission written by Vereinte Nationen International Law Commission and published by . This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Spanish Craze written by Richard L. Kagan and published by U of Nebraska Press. This book was released on 2019-03-01 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spanish Craze is the compelling story of the centuries-long U.S. fascination with the history, literature, art, culture, and architecture of Spain. Richard L. Kagan offers a stunningly revisionist understanding of the origins of hispanidad in America, tracing its origins from the early republic to the New Deal. As Spanish power and influence waned in the Atlantic World by the eighteenth century, her rivals created the “Black Legend,” which promoted an image of Spain as a dead and lost civilization rife with innate cruelty and cultural and religious backwardness. The Black Legend and its ambivalences influenced Americans throughout the nineteenth century, reaching a high pitch in the Spanish-American War of 1898. However, the Black Legend retreated soon thereafter, and Spanish culture and heritage became attractive to Americans for its perceived authenticity and antimodernism. Although the Spanish craze infected regions where the Spanish New World presence was most felt—California, the American Southwest, Texas, and Florida—there were also early, quite serious flare-ups of the craze in Chicago, New York, and New England. Kagan revisits early interest in Hispanism among elites such as the Boston book dealer Obadiah Rich, a specialist in the early history of the Americas, and the writers Washington Irving and Henry Wadsworth Longfellow. He also considers later enthusiasts such as Angeleno Charles Lummis and the many writers, artists, and architects of the modern Spanish Colonial Revival in the United States in the late nineteenth and early twentieth centuries. Spain’s political and cultural elites understood that the promotion of Spanish culture in the United States and the Western Hemisphere in general would help overcome imperial defeats while uniting Spaniards and those of Spanish descent into a singular raza whose shared characteristics and interests transcended national boundaries. With elegant prose and verve, The Spanish Craze spans centuries and provides a captivating glimpse into distinct facets of Hispanism in monuments, buildings, and private homes; the visual, performing, and cinematic arts; and the literature, travel journals, and letters of its enthusiasts in the United States.

Download or read book Persons Passions Politics written by Mohammad Yunus and published by Sahibabad, India : Vicas, c1980 [i.e. 1979]. This book was released on 1980 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autobiographical reminiscences of an Indian freedom fighter and political leader.

Download or read book Akehurst s Modern Introduction to International Law written by Peter Malanczuk and published by Routledge. This book was released on 2002-04-12 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Download or read book Reports of International Arbitral Awards written by International Court of Justice. Registry and published by . This book was released on 1948 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Liability of Multinational Corporations under International Law written by Menno T. Kamminga and published by BRILL. This book was released on 2021-12-28 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book National Courts and the International Rule of Law written by André Nollkaemper and published by Oxford University Press. This book was released on 2012 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.

Download or read book Sources of International Law written by Martti Koskenniemi and published by Routledge. This book was released on 2017-07-05 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.

Download or read book The Oxford Handbook of International Adjudication written by Cesare PR Romano and published by OUP Oxford. This book was released on 2014-01-16 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.

Download or read book A Methodology of International Law written by Maarten Bos and published by North Holland. This book was released on 1984 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognized by civilized nations.