Exceptions in International Law

Exceptions in International Law

This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations.

Author: Lorand Bartels

Publisher: Oxford University Press

ISBN: 9780192506344

Category: Law

Page: 352

View: 843

Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
Categories: Law

Exceptions and Defences in International Law

Exceptions and Defences in International Law

This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations.

Author: Lorand Bartels

Publisher: Oxford University Press, USA

ISBN: 9780198789321

Category: Law

Page: 496

View: 218

Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
Categories: Law

Conservation Biodiversity and International Law

Conservation  Biodiversity and International Law

INTRODUCTION Aside from the common exception in most wildlife agreements
which allows the taking of protected species in situations of emergency,1 the
three most notable exceptions in international law in general, and not specifically
for ...

Author: A. Gillespie

Publisher: Edward Elgar Publishing

ISBN: 9780857935168

Category: Law

Page: 624

View: 288

'Humanity has been gambling for generations with the extent to which it can degrade nature and continue to prosper. Now the environmental debt is being called in and the ability of international diplomacy and law, government policy and political will to deal with the issues is being tested. Conservation, Biodiversity and International Law is a must read for any practitioner in the high-stakes business of restoring our ability to live in harmony with the natural world that sustains us.' – Alastair Morrison, Department of Conservation, New Zealand 'Biodiversity is the cornerstone of life – our plants, animals, and ecosystems are essential for livelihoods and have shaped our culture and traditions around the world. However our precious biodiversity is at risk as never before. Global targets to reduce biodiversity loss have not been met and we continue to lose biodiversity at an unprecedented rate. In fact we are currently in the middle of an extinction crisis and scientists have advised that one species from our planet is being lost every 38 minutes! The nature of this crisis and the actions taken to address it are clearly and articulately put forward in this landmark book by Professor Al Gillespie. This book is particularly useful in documenting the many policy and legal actions that have been taken to address these issues, and how the application of these instruments can be improved. Although focused on the law, the book covers a range of disciplines including science, philosophy and policy which lay the foundation for international law. This book makes a major and highly valued contribution to the disciple of environmental law and policy and is an invaluable reference for policy makers, practitioners and academic audiences.' – David Sheppard, CEO of the Secretariat of the Pacific Regional Environment Programme (SPREP) 'This book is written by a prominent and influential scholar who also has the benefit of first hand knowledge of practical working of environmental regimes, having participated in several important negotiations. Gillespie's monograph therefore stands out among other publications on the subject of conservation, combining thoughtful and scholarly approach to issues raised with un-parallel insights into the working of environmental law and the conservation of biodiversity. The book is very original in its presentation of this subject, especially in the selection of topics and the approach which is not only legal but also scientific, philosophical and political. This book is evidence of the great erudition of the author not only in the field of conservation but also in international environmental law and general international law, an example of which can be his analysis of the precautionary principle, trade and a very complex issue of the exception for indigenous peoples and science. Mention also must be made of his detailed approach to various multilateral treaty regimes such as Ramsar Convention and the World Heritage Convention. Gillespie wrote an exceptional book which is a must for international layers, both practitioners and scholars. It is a thought-provoking, very well researched and original monograph, which due to its all- encompassing approach will retain its importance for a very long period of time.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'A major work: this book provides a comprehensive picture of the international legal challenges of natural heritage conservation. Truly an indispensable tool for policy-makers, experts and students. The book offers a complete guide to the complex world of treaties that regulate conservation at the global scale.' – Francesco Bandarin, UNESCO Assistant Director-General for Culture This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science politics and philosophy – providing much-needed context for the reader. Combining expert scholarship and first-hand insight, Conservation, Biodiversity and International Law will be an invaluable resource for researchers and practitioners in international environmental law, as well as providing an accessible guide for students.
Categories: Law

The International Law of Human Rights and States of Exception

The International Law of Human Rights and States of Exception

In any event, the emphasis on the needs of a public order in a democratic society
cannot be overemphasised in the interpretation of such vague notions as public
order/ordre public in the international law of human rights. Although it is true, ...

Author: Anna-Lena Svensson-McCarthy

Publisher: Martinus Nijhoff Publishers

ISBN: 9041110216

Category: Political Science

Page: 780

View: 785

This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
Categories: Political Science

Select Proceedings of the European Society of International Law

Select Proceedings of the European Society of International Law

necessity exceptions in international treaty law and customary international law.
Consistent with their view of the function of interpretation, a large part of
international legal scholarship argues that norm-conflicts are a result of and can
be ...

Author: James Crawford

Publisher: Bloomsbury Publishing

ISBN: 9781847318763

Category: Law

Page: 418

View: 798

This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.
Categories: Law

International Law

International Law

his own state, can constitute the test of the individual's international status.
However, as noted below, such situations are exceptions in international legal
regulations, being limited to the advanced system of protecting human rights in
Europe ...

Author: Boleslaw Adam Boczek

Publisher: Scarecrow Press

ISBN: 0810850788

Category: Law

Page: 477

View: 247

International Law: A Dictionary is a pathbreaking study of the development of international law from the earliest times to the present for students, scholars, legal professionals, and other interested readers. Combining the features of a brief encyclopedic dictionary and a textbook, readers are acquainted with the basic tenets of public international law. Preceding the main text are a list of acronyms and abbreviations, a glossary of Latin phrases, a chronology of major developments, a table of cases with references to entries and a list of the 373 entries. Numerous cross-references lead the reader to relevant entries, and the abundant references to primary sources, mostly treaties and court cases, enable the reader to locate research materials. The selected bibliography includes books, research aids, textbooks, and casebooks as well as recent books on special international law topics.
Categories: Law

The International Law on Foreign Investment

The International Law on Foreign Investment

respect to the maintenance or restoration of international peace or security or the
protection of its own essential security ... The treaty provides that an
understanding of the security exceptions is to be spelt out in an exchange of
letters.

Author: M. Sornarajah

Publisher: Cambridge University Press

ISBN: 9780521763271

Category: Law

Page: 524

View: 315

This book is a thought-provoking and authoritative text on this fast moving field of international law.
Categories: Law

Cyber Espionage and International Law

Cyber Espionage and International Law

The traditional view among international legal scholars is that, in the absence of direct and specific international law on the topic of espionage, cyber espionage constitutes an extra-legal activity that is unconstrained by international ...

Author: Russell Buchan

Publisher: Bloomsbury Publishing

ISBN: 9781782257363

Category: Law

Page: 248

View: 418

The advent of cyberspace has led to a dramatic increase in state-sponsored political and economic espionage. This monograph argues that these practices represent a threat to the maintenance of international peace and security and assesses the extent to which international law regulates this conduct. The traditional view among international legal scholars is that, in the absence of direct and specific international law on the topic of espionage, cyber espionage constitutes an extra-legal activity that is unconstrained by international law. This monograph challenges that assumption and reveals that there are general principles of international law as well as specialised international legal regimes that indirectly regulate cyber espionage. In terms of general principles of international law, this monograph explores how the rules of territorial sovereignty, non-intervention and the non-use of force apply to cyber espionage. In relation to specialised regimes, this monograph investigates the role of diplomatic and consular law, international human rights law and the law of the World Trade Organization in addressing cyber espionage. This monograph also examines whether developments in customary international law have carved out espionage exceptions to those international legal rules that otherwise prohibit cyber espionage as well as considering whether the doctrines of self-defence and necessity can be invoked to justify cyber espionage. Notwithstanding the applicability of international law, this monograph concludes that policymakers should nevertheless devise an international law of espionage which, as lex specialis, contains rules that are specifically designed to confront the growing threat posed by cyber espionage.
Categories: Law

Local Remedies in International Law

Local Remedies in International Law

It is not impossible that these exceptions to the rule be applied in an appropriate
manner to the law of diplomatic protection. Their relevance to diplomatic
protection has not been raised in practice nor has the jurisprudence of
international ...

Author: Chittharanjan Felix Amerasinghe

Publisher: Cambridge University Press

ISBN: 1139450158

Category: Political Science

Page: 445

View: 746

In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.
Categories: Political Science

Procedures in International Law

Procedures in International Law

1.2.1.7 Public Policy Exceptions and Political Considerations Unlike equitable
remedies which form part of the common law the public policy exception or the
ordre public is to be found in all legal orders of this world.79 As Sir Hersch ...

Author: Gernot Biehler

Publisher: Springer Science & Business Media

ISBN: 9783540744979

Category: Law

Page: 351

View: 284

The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.
Categories: Law

Cases and Materials on International Law

Cases and Materials on International Law

Additionally, as States themselves largely determine the scope of customary
international law and of treaty obligations, they can allow certain exceptions to
international obligations, and so determine for themselves when State
responsibility ...

Author: Martin Dixon

Publisher: Oxford University Press

ISBN: 9780199562718

Category: Law

Page: 708

View: 461

Rev. ed. update: Cases and materials on international law / Robert McCorquodale, Martin Dixon.
Categories: Law

Landmark Cases in Public International Law

Landmark Cases in Public International Law

In so doing our starting point is the territorial principle which is recognized as
forming part of positive international law. Some exceptions to this principle are
also recognized, such as jurisdiction over nationals for acts committed abroad.

Author: Eric Heinze

Publisher: Martinus Nijhoff Publishers

ISBN: 9041197095

Category: Law

Page: 1

View: 272

This book contains excerpts "in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market. It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. It is thoroughly up to date, including recent ICJ judgments on the Bosnia case, the Gavcmkovo-Nagymaros Project, the Advisory Opinion on Nuclear Weapons, and the Lockerbie case. It will be of inestimable value to all libraries of international law, large and small, institutional and private. No student or practitioner in the field should be without it.
Categories: Law

A Diplomat s Handbook of International Law and Practice

A Diplomat   s Handbook of International Law and Practice

The International Law Commission in its Draft Articles on the subject 3
recommended that the exemption from civil jurisdiction should be subject to
certain exceptions: namely, that immunity should not extend to (i) real actions (
actions in rem) ...

Author: Biswanath Sen

Publisher: Springer

ISBN: 9789401187923

Category: Law

Page: 522

View: 924

It gives me great pleasure to write a foreword to :\1r. Sen's excellent book, and for two reasons in particular. In the first place, in producing it, Mr. Sen has done something vvhich I have long felt needed to be done, and which I at one time had am bitions to do myself. \Vhen, over thirty years ago, and after some years of practice at the Bar, I first entered the legal side of the British Foreign Service, I had not been working for long in the Foreign Office before I conceived the idea of writing - or at any rate compiling - a book to which (in my own mind) I gave the title of "A ~fanual of Foreign Office Law. " This work, had I ever produced it in the form in which I visualised it, could probably not have been published con sistently with the requirements of official discretion. But this did not worry me as I was only contemplating something for private circulation within the Service and in Government circles. :Mr. Sen's aim has been broader and more public-spirited than mine was; but its basis is essentially the same.
Categories: Law

Public Policy in Soviet Private International Law

Public Policy in Soviet Private International Law

Whilst we can take it for granted that judicial public policy always brings about
some exceptions to a classic conflict rule ... does not constitute an exception if
considered in conjunction with some basic principles of private international law,
may ...

Author: André Garnefsky

Publisher: Springer Science & Business Media

ISBN: 9789401534925

Category: Law

Page: 194

View: 633

This study is based on original Russian sources, due atten tion being paid to some authoritative views advanced by foreign lawyers. Leaving aside the essentials of the work in the hope that they will speak for themselves; I should like to make some prelim inary remarks regarding the linguistic and other formal aspects. First of all it should be noted that many of the Soviet laws have already been translated into English either in the USSR itself or in Western countries. This fact is fully reflected in the bibliographical survey at the end of this study. Some laws have been translated both in the Soviet Union and abroad, as for instance the Fundamentals of Soviet Civil Legislation. In such a case I have used the translation made in the USSR even though linguistically it may be inferior to the translation made in the West. The author has translated only those legal provi sions of which no English translation was available. For transliteration, I have used the system of the Library of Congress of the USA without its diacritical marks. Further, a word should be said about the references in the notes. They are very brief and consist of the surnames of the authors concerned and if necessary an additional element, e. g.
Categories: Law

The State Immunity Controversy in International Law

The State Immunity Controversy in International Law

vided in the following provisions of this part of the Act."103 The onus in this
regard, however, is upon the plaintiff to show cause why the case by every
estimation falls within the domain of one of the listed exceptions of the Act (SS 2-
11).

Author: Ernest K. Bankas

Publisher: Springer Science & Business Media

ISBN: 3540256954

Category: Law

Page: 542

View: 740

The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
Categories: Law

Q A Revision Guide International Law 2013 and 2014

Q   A Revision Guide International Law 2013 and 2014

However, there are exceptions to that absolute immunity and the convention
adopts the restrictive immunity doctrine ... there is a general understanding that
this convention is not to cover military activities, so customary international law on
 ...

Author: Susan Breau

Publisher: Oxford University Press

ISBN: 9780199661961

Category: Law

Page: 264

View: 314

Q&A International Law offers a lifeline to students revising for exams. It provides clear guidance from an experienced examiner on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.
Categories: Law

Economic Dimensions in International Law

Economic Dimensions in International Law

... and then why certain notable exceptions to it are also permitted. As an
international trade economist, I have often thought about the role of MFN, and I
have seen works by other economists, cited in the Schwartz and Sykes chapter,
that have ...

Author: Jagdeep S. Bhandari

Publisher: Cambridge University Press

ISBN: 0521578981

Category: Business & Economics

Page: 697

View: 942

"Each of the chapters was presented at a conference in the spring of 1995, sponsored by Duquesne University and George Mason University"--Pref.
Categories: Business & Economics

The Right of Hot Pursuit in International Law

The Right of Hot Pursuit in International Law

... of hot pursuit in the international law of the sea is closely related to the
principle of the freedom of the high seas since it constitutes one of the traditional
limitations to that freedom . 1 Hot pursuit is obviously also an exception to the rule
of the ...

Author: Nicholas M Poúlantzas

Publisher: Martinus Nijhoff Publishers

ISBN: 9041117865

Category: Law

Page: 451

View: 141

In three Parts the author examines the right of hot pursuit on land, in the international law of the sea, and in international air law. He critically analyzes the development of the right, its present status and position in the future. Hence, solutions are proposed to present problems of international law in connection with the right of hot pursuit, as well as to problems which may arise in the future. Thus, the doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. These extensively discussed developments include not only consideration of the right of hot pursuit in connection with guerilla warfare techniques and conflicts not amounting to war, but also all recent evolutions in the international law of the sea, including, inter alia, problems appertaining to fisheries, exploration and exploitation of the continental shelf, pirate radiostations, and pollution of the sea. In addition, the right of hot pursuit in international air law is examined in connection with all modern situations, for instance, recent interception techniques of intruding aircraft, contiguous air space limits, hi-jacking of aircraft and air piracy. This work is an extended and updated edition of the book first published in 1969.
Categories: Law

Defining Terrorism in International Law

Defining Terrorism in International Law

This work explains why the international community should define and criminalise terrorism, how it should define it, and what it should exclude from the definition of terrorism.

Author: Ben Saul

Publisher: Oxford University Press on Demand

ISBN: UOM:39015067655962

Category: Law

Page: 373

View: 362

This work explains why the international community should define and criminalise terrorism, how it should define it, and what it should exclude from the definition of terrorism.
Categories: Law