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.
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives.
The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book's contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE's call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels.
The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.
Описание: This book, first published in 2007, is a comparative approach to the interpretation of the CISG. Scholars and legal practitioners determine whether consideration of the counterpart provisions in the PECL and the UNIDROIT Principles could aid in the proper interpretation and application of the provisions of the CISG as uniform international sales law.
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
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives.
The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book's contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE's call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels.
The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.
Описание: In this book, thirty diplomats, practitioners and academics explain and assess this important agreement, analyzing the evolution, concepts, contents and implications of the Convention in depth, and offering vital insight and recommendations on implementation.
Автор: Quigley Название: The Genocide Convention ISBN: 1138264512 ISBN-13(EAN): 9781138264519 Издательство: Taylor&Francis Рейтинг: Цена: 7961.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.
Описание: Heritage under Siege, winner of the Blue Shield Award 2012, is the result of international multidisciplinary research on the subject of military implementation of cultural property protection (CPP) in the event of conflict. The book considers the practical feasibility as well as ideal perspectives within the juridical boundaries of the 1954 Hague Convention. The situation of today's cultural property protection is discussed. New case studies further introduce and analyze the subject. The results of field research which made it possible to follow and test processes in conflict areas including training, education, international, interagency, and interdisciplinary cooperation are presented here. This book gives a useful overview of the playing field of CPP and its players, as well as contemporary CPP in the context of military tasks during peace keeping and asymmetric operations. It includes suggestions for future directions including possibilities to balance interests and research outcomes as well as military deliverables. A separate section deals with legal aspects.
Автор: Timmoneri Название: Gender Equality and Genocide Prevention in Africa ISBN: 0367075903 ISBN-13(EAN): 9780367075903 Издательство: Taylor&Francis Рейтинг: Цена: 7961.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book investigates what impact gender equality has on genocide in Africa, to verify whether it is a missing indicator from current risk assessments and models for genocide prevention.
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