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Full-Text Articles in Law
Law And Legal Process In The Resolution Of International Conflicts, Michelle Gallant
Law And Legal Process In The Resolution Of International Conflicts, Michelle Gallant
Michelle Gallant
Law casts its shadow on virtually all areas of human conflict. The dissolution of marriage and the resolution of familial obligations and property rights upon the breakdown of personal relationships occur against the backdrop of a legal framework. Conflicts with a state over access to public resources or the rights of defendants in a criminal trial are regulated and resolved within the context of constitutionally-binding legal norms and domestic human rights instruments. Tensions between competing corporate enterprises over injury to financial interests or access to markets are determined in accordance with the legal principles that govern contracts and commercial affairs. …
Ocean Iron Fertilization And International Law, David Freestone, Rosemary Rayfuse
Ocean Iron Fertilization And International Law, David Freestone, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
Who Are ‘The Parties’? Article 31 § 3(C) Of The 1969 Vienna Convention, And The ‘Principle Of Systemic Integration’ Revisited, Ulf Linderfalk
Who Are ‘The Parties’? Article 31 § 3(C) Of The 1969 Vienna Convention, And The ‘Principle Of Systemic Integration’ Revisited, Ulf Linderfalk
Ulf Linderfalk
Over the last couple of years, international lawyers have hotly debated the correct way to apply Article 31, paragraph 3(c) of the 1969 Vienna Convention on the Law of Treaties. Discussions have focused on the meaning of ‘the parties’. Traditionally this expression has always been interpreted in the stricter sense of all parties to the interpreted treaty. Voices are now raised suggesting a broader interpretation. According to this view, the correct meaning of ‘the parties’ is the two or more parties to a specific dispute. Given that the two interpretations of Article 31, paragraph 3(c) will often be mutually exclusive, …
Australia's Climate Change Law And Diplomacy, Rosemary Rayfuse, Shirley Scott (Ed.)
Australia's Climate Change Law And Diplomacy, Rosemary Rayfuse, Shirley Scott (Ed.)
Rosemary Rayfuse
No abstract provided.
Reglering Av Överlåtna Förvaltningsuppgifter [Rules On Public Matters That Are Assigned To Non Government Subjects], Vilhelm Persson
Reglering Av Överlåtna Förvaltningsuppgifter [Rules On Public Matters That Are Assigned To Non Government Subjects], Vilhelm Persson
Vilhelm Persson
Swedish law allows that public matters are assigned to private parties as well as international or foreign bodies. When matters are assigned, general administrative rules are often not applicable. However, constitutional provisions still have to be respected by private parties. In contrast, transferring matters to international or foreign bodies has the effect to completely distance the matters from the Swedish legal order, including the constitution. But of course Sweden could make it a condition for the transfer that Swedish rules are applied.
Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse
Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
Current Legal Developments: International Union For The Conservation Of Nature, David Freestone, Kristina Gjerde, Rosemary Rayfuse, David Vanderzwaag
Current Legal Developments: International Union For The Conservation Of Nature, David Freestone, Kristina Gjerde, Rosemary Rayfuse, David Vanderzwaag
Rosemary Rayfuse
No abstract provided.
Drowning Our Sorrows To Secure A Carbon Free Future? Some International Legal Considerations Relating To Sequestering Carbon By Fertilising The Oceans, Rosemary Rayfuse
Drowning Our Sorrows To Secure A Carbon Free Future? Some International Legal Considerations Relating To Sequestering Carbon By Fertilising The Oceans, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
Protecting Marine Biodiversity In Polar Areas Beyond National Jurisdiction., Rosemary Rayfuse
Protecting Marine Biodiversity In Polar Areas Beyond National Jurisdiction., Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
The Tenth International Wildlife Law Conference, Rosemary Rayfuse
The Tenth International Wildlife Law Conference, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin Warner
Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin Warner
Rosemary Rayfuse
No abstract provided.
Ocean Fertilisation And Climate Change: The Need To Regulate Emerging High Seas Uses, Rosemary Rayfuse, Mark Lawrence, Kristina Gjerde
Ocean Fertilisation And Climate Change: The Need To Regulate Emerging High Seas Uses, Rosemary Rayfuse, Mark Lawrence, Kristina Gjerde
Rosemary Rayfuse
No abstract provided.
Doing The Right Thing For The Right Reason: Why Dynamic Or Static Approaches Should Be Taken In The Interpretation Of Treaties, Ulf Linderfalk
Doing The Right Thing For The Right Reason: Why Dynamic Or Static Approaches Should Be Taken In The Interpretation Of Treaties, Ulf Linderfalk
Ulf Linderfalk
In the interpretation of treaties, according to Article 31 of the 1969 Vienna Convention, interpreters shall pay primary regard to conventional language and to "relevant rules of international law applicable in the relations between the parties". Applying this provision, it is obvious that interpreters will sometimes face questions of an inter-temporal nature. What law or what language should be brought to bear on the interpretation process, exactly? The one that existed when the interpreted treaty was concluded? Or the one that exists at the time of interpretation? Over the last 30 years, international law doctrine has increasingly come to favour …