The Interpretation Of International Agreements And World Public Order

Author : Harold D. Lasswell
Publisher : BRILL
ISBN 13 : 9004633197
Total Pages : 534 pages
Book Rating : 4.93/5 ( download)

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Download or read book The Interpretation of International Agreements and World Public Order written by Harold D. Lasswell and published by BRILL. This book was released on 2023-07-24 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The policy-oriented approach of the New Haven School is widely recognized as a major contribution to the legal and jurisprudential debate on interpretation. Eschewing mechanical textual methods, on the one hand, and anti-textual, solipsistic methods, on the other, the New Haven School has developed a comprehensive and systematic approach to the interpretation of human communication. Drawing upon psychology, legal experience, and communications theory, of which Lasswell was a founder, the authors have developed a theoretically cogent and practical method of interpretation. In the course of doing it, they survey the existing literature, showing its problems. In addition to the original text of The Interpretation of Agreements, this edition includes a new introduction, in which developments since the appearance of the book are examined and appraised, and three important papers which elaborate the theory developed here, including Professor McDougal's scathing critique of the last major international conference on the law of treaties.

Author : Myres Smith MacDougal
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792325697
Total Pages : 538 pages
Book Rating : 4.99/5 ( download)

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Download or read book The Interpretation of International Agreements and World Public Order written by Myres Smith MacDougal and published by Martinus Nijhoff Publishers. This book was released on 1994-05-24 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS.

Author : Richard K. Gardiner
Publisher : Oxford University Press, USA
ISBN 13 : 0199669236
Total Pages : 577 pages
Book Rating : 4.33/5 ( download)

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Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Myres S. McDougal
Publisher : Oxford University Press, USA
ISBN 13 : 0190882638
Total Pages : 1137 pages
Book Rating : 4.31/5 ( download)

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Download or read book Human Rights and World Public Order written by Myres S. McDougal and published by Oxford University Press, USA. This book was released on 2018-12-14 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.

Author : Isabelle Van Damme
Publisher :
ISBN 13 : 0199562237
Total Pages : 487 pages
Book Rating : 4.37/5 ( download)

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Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme and published by . This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Zena Prodromou
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 313 pages
Book Rating : 4.18/5 ( download)

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Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Author : Myres S Mac Dougal
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780898389005
Total Pages : 1092 pages
Book Rating : 4.03/5 ( download)

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Download or read book Studies in the World Public Order written by Myres S Mac Dougal and published by Martinus Nijhoff Publishers. This book was released on 1987 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Georg Schwarzenberger
Publisher : London : Stevens & Sons
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.97/5 ( download)

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Download or read book International Law and Order written by Georg Schwarzenberger and published by London : Stevens & Sons. This book was released on 1971 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Study of the relationship between international law and order - examines the problem and forms of sovereignty, the abuse of rights and the law of treatys, the peace-conserving functions of international law, the evolution of the laws of war, armed conflicts and neutrality, the legality of nuclear energy weapons, terrorism, revolutionary social movements, mercenaries, etc., and includes a note on hijacking and air piracy. References.

Author : Bhagevatula Satyanarayana Murty
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792300830
Total Pages : 716 pages
Book Rating : 4.31/5 ( download)

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Download or read book The International Law of Diplomacy written by Bhagevatula Satyanarayana Murty and published by Martinus Nijhoff Publishers. This book was released on 1989-10-13 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Giovanni Distefano
Publisher : BRILL
ISBN 13 : 9004396691
Total Pages : 991 pages
Book Rating : 4.92/5 ( download)

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Download or read book Fundamentals of Public International Law written by Giovanni Distefano and published by BRILL. This book was released on 2019-05-07 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.