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HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY

Bruno Simma and Theodore Kill

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0036
Subject:
Law, Public International Law, Private International Law

Under customary principles of treaty interpretation, tribunals routinely resort to rules of international law whose normative validity is grounded in a source outside of the treaty that is the ... More


Grounds for Excluding Criminal Responsibility

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0009
Subject:
Law, Public International Law, Criminal Law and Criminology

Codifiers in international criminal law have not been at ease with the subject of defences. They have focused on eliminating defences rather than on defining them. This chapter discusses defences ... More


Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement

Donald McRae

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0010
Subject:
Law, Public International Law, Human Rights and Immigration

Article 17(6)(ii) of the WTO Antidumping Agreement provides that where a panel finds that a provision of the Agreement admits of two ‘permissible’ interpretations, then it must find that a measure of ... More


Comment and Analysis: Some Selected Aspects of the Relationship Between World Trade Organization Law and General Public International Law

Brett Williams, Sophie Crowe, Odette Murray, and Weihuan Zhou

in The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199388660
eISBN:
9780190271886
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199388660.003.0010
Subject:
Law, Public International Law

This chapter considers some aspects of the relationship between World Trade Organization law and general public international law. It will consider matters arising in WTO jurisprudence impacting on ... More


Trade Law and the Vienna Treaty Convention’s Systemic Integration Clause

Chin Leng Lim

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0008
Subject:
Law, Public International Law

Mitsuo Matsushita has shown an abiding interest in the systemic problems faced by the multilateral trading system. This tribute explores the significance of Article 31(1)(3)(c) of the Vienna ... More


Evolutionary Interpretation of Treaties: Between Memory and Prophecy

Pierre-Marie Dupuy

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such ... More


European Consensus and International Law

Ineta Ziemele

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

The concept of ‘European consensus’ is the creation of the European Court of Human Rights. Early on, the Court determined that the European Convention on Human Rights is a living instrument and that, ... More


When Popular Decisions Rest on Shaky Foundations: Systemic Implications of Selected WTO Appellate Body Trade Remedies Jurisprudence

Meredith Kolsky Lewis

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0009
Subject:
Law, Public International Law

This chapter argues that the WTO Appellate Body has not been consistent in applying Article 31 of the Vienna Convention on the Law of Treaties and considering the context of the relevant treaty text ... More


Judicial Dialogue as a Means of Interpretation

Antonios Tzanakopoulos

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0005
Subject:
Law, Public International Law

This chapter discusses whether judicial dialogue on international law between domestic courts may be conceptualized as a new means of interpretation—beyond the Vienna Convention on the Law of ... More


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