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The Law, Politics and Theory of Treaty Withdrawal

The Law, Politics and Theory of Treaty Withdrawal
Author: Frederick Cowell
Publisher: Bloomsbury Publishing
Total Pages: 325
Release: 2023-11-16
Genre: Law
ISBN: 1509938575

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This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law – a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.


The Law, Politics and Theory of Treaty Withdrawal

The Law, Politics and Theory of Treaty Withdrawal
Author: Frederick Cowell
Publisher: Bloomsbury Publishing
Total Pages: 253
Release: 2023-11-16
Genre: Law
ISBN: 1509938583

Download The Law, Politics and Theory of Treaty Withdrawal Book in PDF, ePub and Kindle

This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law – a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.


Withdrawal from Multilateral Treaties

Withdrawal from Multilateral Treaties
Author: Antonio Morelli
Publisher: BRILL
Total Pages: 291
Release: 2021-10-05
Genre: Law
ISBN: 9004467645

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Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal. It examines the political and legal framework around treaty making to explain how withdrawal evolved over time and suggests ways to improve conditions for orderly withdrawal.


The Oxford Handbook of Comparative Foreign Relations Law

The Oxford Handbook of Comparative Foreign Relations Law
Author: Curtis A. Bradley
Publisher: Oxford University Press
Total Pages: 992
Release: 2019-06-07
Genre: Law
ISBN: 0190653353

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This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.


The Paradigm of State Consent in the Law of Treaties

The Paradigm of State Consent in the Law of Treaties
Author: Vassilis Pergantis
Publisher: Edward Elgar Publishing
Total Pages: 513
Release: 2017-08-25
Genre: Law
ISBN: 1786432234

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The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.


The Vienna Conventions on the Law of Treaties

The Vienna Conventions on the Law of Treaties
Author: Olivier Corten
Publisher: Oxford University Press, USA
Total Pages: 2171
Release: 2011
Genre: Law
ISBN: 0199546649

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The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field


On War

On War
Author: Carl von Clausewitz
Publisher:
Total Pages: 388
Release: 1908
Genre: Military art and science
ISBN:

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The Continent of International Law

The Continent of International Law
Author: Barbara Koremenos
Publisher: Cambridge University Press
Total Pages: 457
Release: 2016-03-29
Genre: Political Science
ISBN: 1316586375

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Every year, states negotiate, conclude, sign, and give effect to hundreds of new international agreements. Koremenos argues that the detailed design provisions of such agreements matter for phenomena that scholars, policymakers, and the public care about: when and how international cooperation occurs and is maintained. Theoretically, Koremenos develops hypotheses regarding how cooperation problems like incentives to cheat can be confronted and moderated through law's detailed design provisions. Empirically, she exploits her data set composed of a random sample of international agreements in economics, the environment, human rights and security. Her theory and testing lead to a consequential discovery: considering the vagaries of international politics, international cooperation looks more law-like than anarchical, with the detailed provisions of international law chosen in ways that increase the prospects and robustness of cooperation. This nuanced and sophisticated 'continent of international law' can speak to scholars in any discipline where institutions, and thus institutional design, matter.


The Treaty on the Prohibition of Nuclear Weapons

The Treaty on the Prohibition of Nuclear Weapons
Author: Stuart Casey-Maslen
Publisher: Oxford University Press, USA
Total Pages: 305
Release: 2019
Genre: Nuclear disarmament
ISBN: 019883036X

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"This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. The treaty is examined article by article, with discussed of how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is also provided."--Résumé de l'éditeur.


The Oxford Guide to Treaties

The Oxford Guide to Treaties
Author: Duncan B. Hollis
Publisher: Oxford University Press, USA
Total Pages: 873
Release: 2012-08-09
Genre: Law
ISBN: 019960181X

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Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.