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Treaty Interpretation: Effectiveness and Presumptions

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/9780199546220.003.0012
Subject:
Law, Public International Law

This chapter examines the origins and parameters of the principle of effectiveness in the field of treaty interpretation, and applies it to a number of fields. This is relevant for interpreting ... More


Defeasibility, Axiological Gaps, and Interpretation *

Riccardo Guastini

in The Logic of Legal Requirements: Essays on Defeasibility

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661640
eISBN:
9780191745461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661640.003.0010
Subject:
Law, Philosophy of Law

This chapter attempts to connect systematically a couple of ideas encountered in Carlos Alchourrón's and Eugenio Bulygin's legal theory — viz. the idea of axiological gap and the idea of ... More


Freedom with Their Exception: Jurisdiction and Immunity as Rule and Exception

Eleni Methymaki and Antonios Tzanakopoulos

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0012
Subject:
Law, Public International Law, Philosophy of Law

The relationship between the rules on state jurisdiction and sovereign immunity has been the subject of a long-standing debate among international lawyers, as well as international and domestic ... More


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