Vienna Convention on the Law of Treaties: A Commentary, Dцrr Oliver, Schmalenbach Kirsten
Автор: Linderfalk Ulf Название: On the Interpretation of Treaties / The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties ISBN: 140206361X ISBN-13(EAN): 9781402063619 Издательство: Springer Рейтинг: Цена: 149060.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In the practice of modern international law, disputes as to the meaning of specific treaty provisions are a frequent occurrence. It is the assumption underlying any such dispute that in a process of interpretation a distinction has to be made between the legally correct and incorrect interpretation result. The legal correctness of an interpretation result is determined by reference to the relevant international law, as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT), Articles 31-33. The result of an interpretation process is correct when it can be successfully defended as being in accordance with the provisions of VCLT Articles 31-33. The result is incorrect when it cannot be so defended.Traditionally, the substance of Articles 31-33 has been described by reference to the various means of interpretation enumerated in said provisions, and little more than that. As argued in this book, more detail is required. On closer inspection, not only does the Vienna Convention provide information on the interpretation data (or means of interpretation) to be used by appliers when interpreting a treaty provision. It also instructs the appliers how, by using each datum, they shall argue to arrive at a conclusion about the meaning of the interpreted provision; and, to some extent, it determines the weight that different data of interpretation shall be afforded when appliers discover that, depending on the specific datum they bring to bear on the interpretation process, the conclusion arrived at will be different. Hence, the regime laid down in VCLT Articles 31-33 will have to be described as a system of rules.
Автор: Chang-fa Lo Название: Treaty Interpretation under the Vienna Convention on the Law of Treaties ISBN: 9811068658 ISBN-13(EAN): 9789811068652 Издательство: Springer Рейтинг: Цена: 139750.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Explains the insufficiencies of the current VCLT rules of treaty interpretation in addressing some traditional treaty interpretation issues and the challenges encountered by the current rules Provides a comprehensive review of the codification of the VCLT concerning customary rules of treaty interpretation and explains the desirability of a second round of treaty interpretation
Proposes certain treaty interpretation rules to be codified to address the fragmentation of treaties, the coordination between different treaties, and the need of introducing external values, including human rights, into a treaty through treaty interpretation to make treaty interpretation more consistent and more in line with the shared value of international community
Автор: Oliver Dorr; Kirsten Schmalenbach Название: Vienna Convention on the Law of Treaties, 2 ed. ISBN: 3662551594 ISBN-13(EAN): 9783662551592 Издательство: Springer Рейтинг: Цена: 279500.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention`s provisions. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties.
Автор: International Committee Of The Red Cross Название: Commentary on the second geneva convention ISBN: 1108436382 ISBN-13(EAN): 9781108436380 Издательство: Cambridge Academ Рейтинг: Цена: 106650.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book is intended for any practitioner or academic involved with international humanitarian law. It provides an article-by-article commentary on the Second Geneva Convention, setting out the current interpretation based on the latest practice, case law, academic commentary and International Committee of the Red Cross (ICRC) experience.
Автор: Lee Swepston Название: A Commentary on the United Nations Convention on the Rights of the Child, Article 32: Protection from Economic Exploitation ISBN: 9004148833 ISBN-13(EAN): 9789004148833 Издательство: Brill Цена: 115560.00 T Наличие на складе: Невозможна поставка. Описание: This volume constitutes a commentary on Article 32 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
Автор: Garton Kamchedzera Название: A Commentary on the United Nations Convention on the Rights of the Child, Article 5: The Child`s Right to Appropriate Direction and Guidance ISBN: 9004148620 ISBN-13(EAN): 9789004148628 Издательство: Brill Цена: 115560.00 T Наличие на складе: Невозможна поставка. Описание: This volume constitutes a commentary on Article 5 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
Автор: Compiled by International Committee of the Red Cro Название: Commentary on the Third Geneva Convention 2 Volumes Hardback Set ISBN: 1108838987 ISBN-13(EAN): 9781108838986 Издательство: Cambridge Academ Рейтинг: Цена: 404450.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book is intended for any practitioner or academic involved with international humanitarian law. It provides an article-by-article commentary setting out current interpretations based on the latest practice, case law, academic commentary and ICRC experience.
Автор: Janneke Gerards Название: General Principles of the European Convention on Human Rights ISBN: 1108718280 ISBN-13(EAN): 9781108718288 Издательство: Cambridge Academ Рейтинг: Цена: 34840.00 T Наличие на складе: Невозможна поставка. Описание: This book offers a clear insight into the principles and concepts that are key to understanding the European Convention on Human Rights (ECHR). It explains which tools help the ECHR decide on the many cases brought before it, illustrated by numerous examples taken from the Court`s judgements.
Автор: Myron H. Nordquist, Satya N. Nandan, James Kraska Название: UNCLOS 1982 Commentary: Supplementary Documents ISBN: 9004215638 ISBN-13(EAN): 9789004215634 Издательство: Brill Цена: 172670.00 T Наличие на складе: Невозможна поставка. Описание: UNCLOS 1982 Commentary: Supplementary Materials complements the seven-volume series United Nations Convention on the Law of the Sea 1982: A Commentary. The documents in this volume contain legal authorities, guidelines and agreements associated with the Convention. The Supplement focuses on the three new international organizations created by the Convention: The International Seabed Authority, The International Tribunal for the Law of the Sea, and The Commission on the Limits of the Continental Shelf. The volume also includes international fisheries agreements associated with the 1982 Convention and additional supplementary documents and materials. UNCLOS 1982 Commentary: Supplementary Materials is an invaluable resource for international law practitioners, maritime law specialists, educators, government and military authorities, and others interested in the UN Law of the Sea Convention.
- The Foundations of Modern International Law on Indigenous and Tribal Peoples; The Preparatory Documents of the Indigenous and Tribal Peoples Convention, and Its Development through Supervision. Volume 1: Basic Policy and Land Rights isbn 9789004289055
The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, and its companion to be published at a later date, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO's supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples.
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- The Foundations of Modern International Law on Indigenous and Tribal Peoples; The Preparatory Documents of the Indigenous and Tribal Peoples Convention, and Its Development through Supervision. Volume 2: Human Rights and the Technical Articles isbn 9789004289079
The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted.
The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO's supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples. In writing this two-volume study, he goes a strict "travaux" approach, and discusses the organizational precedents and the subsequent practice under these instruments.The supervision of the application of these Conventions is very largely unknown in the wider human rights community, and even in the more specialized "indigenous community" that forms a special subset of human rights activists. This guide may be of some help in redressing that situation.
Автор: Ineta Ziemele; Deutsches Institut Fur Menschenrech Название: Reservations to Human Rights Treaties and the Vienna Convention Regime ISBN: 9004140646 ISBN-13(EAN): 9789004140646 Издательство: Springer Рейтинг: Цена: 81050.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties. This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.
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