Article 24 PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Article 24 PDF full book. Access full book title Article 24.

The United Nations Convention on Jurisdictional Immunities of States and Their Property

The United Nations Convention on Jurisdictional Immunities of States and Their Property
Author: Roger O'Keefe
Publisher: OUP Oxford
Total Pages: 508
Release: 2013-03-21
Genre: Law
ISBN: 0191632201

Download The United Nations Convention on Jurisdictional Immunities of States and Their Property Book in PDF, ePub and Kindle

State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.


Human Rights Treaties

Human Rights Treaties
Author: Mark Sachleben
Publisher: Routledge
Total Pages: 217
Release: 2005-12-13
Genre: Political Science
ISBN: 1135516510

Download Human Rights Treaties Book in PDF, ePub and Kindle

The book examines patterns of participation in human rights treaties. International relations theory is divided on what motivates states to participate in treaties, specifically human rights treaties. Instead of examining the specific motivations, this dissertation examines patterns of participation. In doing so, it attempts to match theoretical expectations of state behavior with participation. This book provides significant evidence that there are multiple motivations that lead states to participate in human rights treaties.


The Human Right to Citizenship

The Human Right to Citizenship
Author: Barbara von Rütte
Publisher: BRILL
Total Pages: 477
Release: 2022-12-28
Genre: Law
ISBN: 9004517529

Download The Human Right to Citizenship Book in PDF, ePub and Kindle

The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.


Non-discrimination in Tax Treaty Law and World Trade Law

Non-discrimination in Tax Treaty Law and World Trade Law
Author: Kasper Dziurdź
Publisher: Kluwer Law International B.V.
Total Pages: 715
Release: 2019-07-23
Genre: Law
ISBN: 9403509120

Download Non-discrimination in Tax Treaty Law and World Trade Law Book in PDF, ePub and Kindle

Non-discrimination is a central obligation under both tax treaty and trade law. However, in seeking to strike a balance between national and international interests, its application differs in the two areas of practice. This deeply researched and authoritative work, which explains the policy issues and how non-discrimination analysis works, provides a comprehensive review of non-discrimination rules in WTO and tax treaty law, combining a critical commentary on case law with proposals for an innovative concept for solving cases of discrimination in tax treaty law. Among the practical issues affecting non-discrimination examined in detail are the following: implications that can be drawn from the concepts of non-discrimination under WTO law and Article 24 of the OECD Model; direct and indirect discrimination and analysis of comparability in WTO law and tax treaty law; the MFN and NT rules under the GATT and GATS; the meaning of ‘likeness’ and ‘less favourable treatment’; claiming non-discriminatory tax treatment before tax administrations and courts under a tax treaty; justification of measures against harmful tax competition, low taxation and hybrid mismatch arrangements; thin capitalisation rules, progressive tax rates, foreign losses, group taxation and relief from juridical and economic double taxation under Article 24 of the OECD Model; and integrating a justification defence into any stage of a non-discrimination analysis. The author establishes to what extent formal, substantive and subjective approaches may be applied in a non-discrimination analysis, providing the reasons for the approaches taken. A two-step comparability procedure is applied to selected cases of potential tax discrimination, demonstrating how policy arguments can be addressed under Article 24 of the OECD Model. Drawing on over a half-century of case law in both areas of practice, this comprehensive study of the non-discrimination rules under WTO law and international tax law will be invaluable in systematically solving cases of tax discrimination under Article 24 of the OECD Model and putting forward arguments at any stage of a WTO analysis. Policymakers will benefit from the author’s clear explanation of how national law should comply with international obligations. Also, taxpayers’ advisers will proceed confidently in claims of tax treaty discrimination, and academics will discover an incomparable overview and analysis of anti-discrimination rules in international trade law and double taxation conventions.


Foreign Relations of the United States

Foreign Relations of the United States
Author: United States. Department of State
Publisher:
Total Pages: 968
Release: 1946
Genre: United States
ISBN:

Download Foreign Relations of the United States Book in PDF, ePub and Kindle


The EU Charter of Fundamental Rights

The EU Charter of Fundamental Rights
Author: Steve Peers
Publisher: Bloomsbury Publishing
Total Pages: 1938
Release: 2014-12-01
Genre: Law
ISBN: 1849467471

Download The EU Charter of Fundamental Rights Book in PDF, ePub and Kindle

The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.


Taxing the Digital Economy

Taxing the Digital Economy
Author: Craig Elliffe
Publisher: Cambridge University Press
Total Pages: 355
Release: 2021-05-13
Genre: Business & Economics
ISBN: 1108485243

Download Taxing the Digital Economy Book in PDF, ePub and Kindle

Highly digitalised businesses threaten the viability of the international corporate tax system. Can a new system overcome these challenges?


International and European Disability Law and Policy

International and European Disability Law and Policy
Author: Andrea Broderick
Publisher: Cambridge University Press
Total Pages: 639
Release: 2019-10-31
Genre: Law
ISBN: 1108418198

Download International and European Disability Law and Policy Book in PDF, ePub and Kindle

The first textbook on international and European disability law and policy, analysing the interaction between different legal systems and sources.


Introduction to the Hong Kong Basic Law

Introduction to the Hong Kong Basic Law
Author: Danny Gittings
Publisher: Hong Kong University Press
Total Pages: 446
Release: 2013-07-01
Genre: Law
ISBN: 9888139487

Download Introduction to the Hong Kong Basic Law Book in PDF, ePub and Kindle

Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the "one country, two systems" formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary. This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under "one country, two systems". "Danny Gittings's Introduction to the Hong Kong Basic Law makes a significant contribution to an important subject. It is expressed in reader-friendly terms. The insights that it provides are of value not only to lawyers but also to the general public." —The Hon. Mr. Justice Kemal Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012), Non-Permanent Judge (2012– ). "This well-researched and very readable introduction explains the history, practices and future of the Basic Law—Hong Kong's key constitutional document. It also explores how far the Basic Law is able to address the many political and legal issues now facing Hong Kong. The book is suitable for a wide range of readers. Students of Hong Kong law at all levels will find it essential reading. General readers with an interest in Hong Kong's governance will find in it a lucid and accurate guide—and a timely one as the debate about implementing democracy intensifies." —Professor Fu Hualing, Faculty of Law, University of Hong Kong. "Many of us approach law books with trepidation. But Gittings, a legal academic, used to be a journalist and this shows in his ability to make the book accessible to the general reader. [...] The Basic Law will continue to be central to issues facing the city for years to come. This book enables the reader to quickly acquire a much better understanding of them." — South China Morning Post "As Professor Gittings points out in his book, which includes a chapter on what might happen after Hong Kong’s 50-year autonomy ends, readability was a key aim. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so that the main text is kept as clean as possible." — Hong Kong Lawyer


Military Law Review

Military Law Review
Author:
Publisher:
Total Pages: 722
Release: 1989
Genre: Courts-martial and courts of inquiry
ISBN:

Download Military Law Review Book in PDF, ePub and Kindle