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Understanding US Opposition to the ICC

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0005
Subject:
Political Science, International Relations and Politics

This chapter explains why the Clinton administration chose to sign, and the Bush administration chose to ‘unsign’ the Rome Treaty. Both argued that the Treaty violated the principle of sovereign ... More


Peremptory Norms in International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.001.0001
Subject:
Law, Public International Law

This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. ... More


The Principles of Conflict Resolution

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0003
Subject:
Law, Public International Law, EU Law

Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. ... More


Judicial Interpretation at the Ad Hoc Tribunals: Method From Chaos?

Joseph Powderly

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

The absence from the Statutes of the ad hoc Tribunals of a provision explicitly setting down the interpretational methodology to be applied by the bench ensured that the only barrier to judicial ... More


Methods Used by International Courts and Tribunals to Engage in Cross-Fertilization

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0003
Subject:
Law, Public International Law

This chapter examines the methods available to international courts to refer to the practice of other international judicial bodies, and to interpret and apply their procedure and remedies in similar ... More


Equity and Equitable Considerations in Treaties

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0019
Subject:
Law, Public International Law

This chapter examines how equitable notions included in treaties should be construed. While in the law of the sea treaties equity is understood as reflecting general international law, the ‘fair and ... More


The Law of Treaties Beyond the Vienna Convention

Enzo Cannizzaro (ed.)

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book offers an analysis of the law of treaties as it emerges from the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. It revisits the basic ... More


The Interpretation of Acts and Rules in Public International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.001.0001
Subject:
Law, Public International Law

There are frequent claims that the international legal regulation in one or another field of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, ... More


International Minimum Standard and the Law of Treaties

Martins Paparinskis

in The International Minimum Standard and Fair and Equitable Treatment

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199694501
eISBN:
9780191741272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694501.003.0005
Subject:
Law, Public International Law

This chapter attempts to explain the contemporary practice of case-by-case development of fair and equitable treatment with the four corners of the law of treaties and without relying on general ... More


Selected Prefigurations of the Concept of Obligations Erga Omnes: (b) Jus Cogens

MAURIZIO RAGAZZI

in The Concept of International Obligations Erga Omnes

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298700
eISBN:
9780191707513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298700.003.0003
Subject:
Law, Law of Obligations

Like obligations erga omnes, norms of jus cogens protect the common interests of states and basic moral values. In addition, the classic examples of norms of jus cogens that emerged during the ... More


“Constitutional” Interpretation

JOSÉ E. ALVAREZ

in International Organizations as Law-makers

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198765639
eISBN:
9780191710070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765639.003.0002
Subject:
Law, Public International Law

This chapter discusses ‘constitutional’ interpretation of a Charter. It compares the United Nations Charter and the United States Constitution, citing that both provide institutional mechanisms to ... More


Analogies and Other Regimes of International Law

Martins Paparinskis

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0004
Subject:
Law, Company and Commercial Law, Public International Law

This chapter presents international investment law as a complex regime that borrows from three other regimes on international law: the law of human rights, the law of treaties regarding third ... More


In the Beginning was the Deed

Ingo Venzke

in How Interpretation Makes International Law: On Semantic Change and Normative Twists

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191753114
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.003.0001
Subject:
Law, Public International Law, Philosophy of Law

This introductory chapter sets the scene by showing how Ludwig Wittgenstein identified in search for certainty with Goethe’s tragic figure Faust. Faust tried the word, its true sense and the force ... More


Treaty Interpretation by the WTO Appellate Body

Isabelle Van Damme

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.001.0001
Subject:
Law, Public International Law

The WTO dispute settlement system is unusually strong but not necessarily unique. How the Appellate Body reads the WTO covered agreements is not a matter of WTO law, it is a technique of general ... More


The Community Interest in the Law of Treaties: Ambivalent Conceptions

Jan Klabbers

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0048
Subject:
Law, Public International Law

One of the characteristic elements of the work of Bruno Simma consists of his exploration of the community interest in international law, and perhaps more particularly in the law of treaties. His ... More


Introduction

Marko Milanovic

in Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199696208
eISBN:
9780191729805
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696208.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter sets out the scope and purpose of the whole study. It defines the notion of the extraterritorial application of human rights treaties, explains that the law of treaties sets ... More


The Difficulties of Legal Classification

Christine Bell

in On the Law of Peace: Peace Agreements and the Lex Pacificatoria

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199226832
eISBN:
9780191710261
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226832.003.0007
Subject:
Law, Public International Law

This chapter deals further with the technical difficulties of legal classification, and begins to demonstrate how a simple choice between a law and a nonlaw form of agreement does not exist in the ... More


Article 18 of the 1969 Vienna Convention: A Vague and Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation?

Paolo Palchetti

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/9780199588916.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

Under Article 18 of the 1969 Vienna Convention on the Law of Treaties, a State which has signed or ratified a treaty has the obligation to refrain from acts which would defeat the object and purpose ... More


The Effects of Armed Conflicts on Investment Treaties

Jure Zrilič

in The Protection of Foreign Investment in Times of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198830375
eISBN:
9780191868634
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830375.003.0003
Subject:
Law, Public International Law

This chapter explores whether the outbreak of armed conflict could result in the termination or suspension of investment treaties. It critically inspects the International Law Commission’s ... More


Termination and Renegotiation of International Investment Agreements

Karsten Nowrot

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0011
Subject:
Law, Public International Law, Environmental and Energy Law

Once subject only to modest evaluation in the legal literature, questions relating to the termination and renegotiation of international investment treaties are currently emerging as future key ... More


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