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The Means of Interpretation Admissible for the Establishment of the Intention of the Parties

Eirik Bjorge

in The Evolutionary Interpretation of Treaties

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.003.0003
Subject:
Law, Public International Law, Legal History

Chapter 3 takes issue with the perceived wisdom that the approach to treaty interpretation opted for in the Vienna Convention has been that the general rule of interpretation put paid to the notion ... More


Precaution and the SPS Agreement

Lukasz Gruszczynski

in Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578924
eISBN:
9780191722646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578924.003.0006
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter analyzes the relevance of the precautionary principle in the context of the SPS Agreement. The first part addresses the principle as such and attempts to assess its impact on the ... More


 Moral Disagreement

Bernard Gert, Charles M. Culver, and K. Danner Clouser

in Bioethics: A systematic approach

Published in print:
2006
Published Online:
September 2006
ISBN:
9780195159066
eISBN:
9780199786466
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195159063.003.0003
Subject:
Philosophy, Moral Philosophy

This chapter challenges the view that every moral question has a unique correct answer. The sources of unresolvable moral disagreement are the following four differences: (1) in the rankings of the ... More


The Evolutionary Interpretation of Treaties

Eirik Bjorge

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.001.0001
Subject:
Law, Public International Law, Legal History

The evolutionary interpretation of treaties has proven in recent times to be one of the most controversial topics of the law of treaties. The reason for this is that the evolutionary interpretation ... 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


The Influence of the European Principle of Proportionality on UK Regulatory Law

Jaime Arancibia

in Judicial Review of Commercial Regulation

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199609079
eISBN:
9780191725289
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199609079.003.0005
Subject:
Law, Constitutional and Administrative Law, Company and Commercial Law

This chapter goes on to consider the implications and advantages of proportionality in relation to the different aspects of the challenged decision which may require the supervision of the courts. ... More


Interpreting Transplanted Treaty Rules

Anne-Marie Carstens

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0011
Subject:
Law, Public International Law, Constitutional and Administrative Law

Transplanted treaty rules present distinct challenges in interpreting international law. Interpreters of transplanted treaty rules often examine the source rules from which the later transplanted ... More


Diffusion Theories and the Interpretive Approaches of Domestic Courts

Theresa Reinold

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/9780198738923.003.0014
Subject:
Law, Public International Law

This chapter draws on diffusion theories in order to identify some of the factors which promote or undermine convergence in the interpretive approaches adopted by national courts. It zeroes in on the ... 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


Rule of Law in Practice: Judicial and Political Understanding

Harish Narasappa

in Rule of Law in India: A Quest for Reason

Published in print:
2018
Published Online:
January 2019
ISBN:
9780199484669
eISBN:
9780199093717
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199484669.003.0003
Subject:
Law, Constitutional and Administrative Law

In the first part, the interpretation and application of the rule of law by Indian courts, primarily the constitutional bench of the Supreme Court of India is analysed. A review of the major ... More


Alleviating Mistakes

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0002
Subject:
Law, Law of Obligations

Although there are mistakes that can be perceived as happy, for example one would be happy to experience a mistake such as Columbus' discovery of America, we have to realize that some mistakes are ... More


Consequences of the Nature of the Parody Exception

Sabine Jacques

in The Parody Exception in Copyright Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198806936
eISBN:
9780191876790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198806936.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the consequences of the nature and function of the parody exception in copyright law. It first explains the ‘mechanics’ behind the parody exception, particularly as a defence to ... More


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