The Principle Of Systemic Integration

Author : Campbell McLachlan KC
Publisher : Oxford University Press
ISBN 13 : 0192645854
Total Pages : 529 pages
Book Rating : 4.52/5 ( download)

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Download or read book The Principle of Systemic Integration in International Law written by Campbell McLachlan KC and published by Oxford University Press. This book was released on 2024-07-09 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has greatly expanded in reach and density over the past few decades and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed. The Principle of Systemic Integration in International Law fills this research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of states and international organizations in the framing of international instruments and their application. Building upon the framework he first pioneered in 2005 and the culmination of two decades of academic research and practical experience in international law, the author Campbell McLachlan KC closely examines legislative texts and cases to reflect on the principle's theoretical foundations and actual application in practice. The book argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions and between legal norms may be addressed. It explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties and, finally, analyses the operation of the principle in international courts and tribunals. The reasoning and larger questions presented by the book will bring fresh insights to researchers and practitioners undertaking any international law project.

Author : Gabriel Orellana Zabalza
Publisher : LIT Verlag Münster
ISBN 13 : 3643902670
Total Pages : 389 pages
Book Rating : 4.72/5 ( download)

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Download or read book The Principle of Systemic Integration written by Gabriel Orellana Zabalza and published by LIT Verlag Münster. This book was released on 2012 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)

Author : Panos Merkouris
Publisher : BRILL
ISBN 13 : 9004230432
Total Pages : 391 pages
Book Rating : 4.39/5 ( download)

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Download or read book Article 31(3)(c) VCLT and the Principle of Systemic Integration written by Panos Merkouris and published by BRILL. This book was released on 2015-06-24 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Daniel Rosentreter
Publisher : Nomos Verlag
ISBN 13 : 3845262389
Total Pages : 512 pages
Book Rating : 4.83/5 ( download)

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Download or read book Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International Investment Law and Arbitration written by Daniel Rosentreter and published by Nomos Verlag. This book was released on 2015-09-17 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Werk zeigt Wissenschaftlern und Praktikern am Beispiel der Diskriminierungsverbote, dem Verbot der rechtswidrigen Enteignung und dem Gebot der fairen und gerechten Behandlung Möglichkeiten auf, wie die wohl wichtigste Problematik des internationalen Investitionsschutzrechtes, der faire Interessenausgleich zwischen Investitionsschutzrechten und dem Regulierungsbedürfnis des Gaststaates, im Wege der harmonischen Vertragsinterpretation auf Grundlage des Artikel 31(3)(c) WVK und dem sogenannten "Prinzip der systematischer Integration" gelingen kann bzw. wo dieser Ansatz seine Grenzen hat. Dazu wird zunächst die Relevanz "systemfremder" Normen im Investitionsschutzrecht erläutert herausgearbeitet. Nach einer detaillierten Darstellung der oben genannten Interpretationsmethoden, werden vor allem die Ansätze in der Rechtsprechung auf Grundlage der verschiedensten Vertragsregime und Schiedsgerichtsbarkeiten analysiert.

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
ISBN 13 : 1108839177
Total Pages : 391 pages
Book Rating : 4.74/5 ( download)

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Download or read book International Investment Law and Legal Theory written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2021-05-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Author : Irini Papanicolopulu
Publisher : Oxford University Press
ISBN 13 : 0192506463
Total Pages : 288 pages
Book Rating : 4.67/5 ( download)

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Download or read book International Law and the Protection of People at Sea written by Irini Papanicolopulu and published by Oxford University Press. This book was released on 2018-03-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.

Author : Serena Forlati
Publisher : BRILL
ISBN 13 : 9004428674
Total Pages : 273 pages
Book Rating : 4.76/5 ( download)

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Download or read book The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law written by Serena Forlati and published by BRILL. This book was released on 2020-05-18 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law deconstructs one of the most influential ICJ Judgments and analyses its contributions to the law of treaties, the law of international responsibility, and the law of sustainable development in light of 20 years of subsequent developments in the international legal order.

Author : Francisco Pascual-Vives
Publisher : BRILL
ISBN 13 : 9004375511
Total Pages : 308 pages
Book Rating : 4.12/5 ( download)

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Download or read book Consensus-Based Interpretation of Regional Human Rights Treaties written by Francisco Pascual-Vives and published by BRILL. This book was released on 2019-07-22 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus while the European and Inter-American Courts on Human Rights undertake an evolutive interpretation of regional human rights treaties.

Author : Surabhi Ranganathan
Publisher : Cambridge University Press
ISBN 13 : 1107043301
Total Pages : 483 pages
Book Rating : 4.05/5 ( download)

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Download or read book Strategically Created Treaty Conflicts and the Politics of International Law written by Surabhi Ranganathan and published by Cambridge University Press. This book was released on 2014-12-18 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.

Author : Guoqing Wang
Publisher : Academic Press
ISBN 13 : 012816560X
Total Pages : 556 pages
Book Rating : 4.07/5 ( download)

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Download or read book The Principles of Integrated Technology in Avionics Systems written by Guoqing Wang and published by Academic Press. This book was released on 2020-01-17 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of Integrated Technology in Avionics Systems describes how integration can improve flight operations, enhance system processing efficiency and equip resource integration. The title provides systematic coverage of avionics system architecture and ground system integration. Looking beyond hardware resource sharing alone, it guides the reader through the benefits and scope of a modern integrated avionics system. Integrated technology enhances the performance of organizations by improving system capacity and boosting efficiency. Avionics systems are the functional center of aircraft systems. System integration technology plays a vital role in the complex world of avionics and an integrated avionics system will fully-address systems, information and processes. Introduces integration technology in complex avionics systems Guides the reader through the scope and benefits of avionic system integration Gives practical guidance on using integration to optimize an avionics system Describes the basis of avionics system architecture and ground system integration Presents modern avionics as a system that is becoming increasingly integrated