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- According to the provisions laid down in Article 19 of the 1969 Vienna Convention on the Law of Treaties a state that consents to be bound by a treaty may not formulate such reservations to the agreement, which are incompatible with its object and purpose. This socalled 'object and purpose criterion' has long been puzzling actors of public international law. What does it mean for a reservation to be incompatible with 'the object and purpose' of a treaty? The answer suggested below is the following: a state may not formulate a reservation, if it means (i) that an application of the treaty as modified would run counter to a telos of the treaty; or (ii) that a remaining part of the treaty would be emptied of practical meaning. (1)
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Articles 1 - 30 of 52
Full-Text Articles in Law
Determinantes Explícitos E Implícitos De La Deuda Externa Pública Peruana, José Manuel Martin Coronado
Determinantes Explícitos E Implícitos De La Deuda Externa Pública Peruana, José Manuel Martin Coronado
José-Manuel Martin Coronado
This research aims to prove that sound economic policies are nothing more that basic conditions for the foreign public debt problem. In fact, by studying the factors of public debt issues in Peru, Latin America and the emerging economies it’s clear that some implicit economic and non-economic factors have to be considered because of the social complexity and variable characteristics in emerging economies. This causes failures in economic policies assumptions, inefficiencies, distorted causality and nonrational behavior. This paper proposes, first, to perform a deep and comparative analysis of the foreign debt determinants in emerging economies, then, to allocate financial resources, …
Panelist: “Public International Law—Dead Or Alive?”, David Wirth
Panelist: “Public International Law—Dead Or Alive?”, David Wirth
David A. Wirth
No abstract provided.
International Comity & International Adoption: When Is International Adoption “Repugnant?, Malinda Seymore
International Comity & International Adoption: When Is International Adoption “Repugnant?, Malinda Seymore
Malinda L. Seymore
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Review Of International Organizations And International Dispute Settlement Edited By Laurence Boisson De Chazournes, Cesare Romano, And Ruth Mackenzie, David A. Wirth
David A. Wirth
No abstract provided.
Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala
Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Combating Impunity: A Compilation Of Articles On The International Criminal Court And Its Relevance To India, Vahida Nainar, Saumya Uma
Combating Impunity: A Compilation Of Articles On The International Criminal Court And Its Relevance To India, Vahida Nainar, Saumya Uma
Dr. Saumya Uma
Thinking Like A Lawyer, Jeffrey C. Tuomala
Family Unity, Kathryn Jastram
Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom - An Indonesian Case Study, Stuart G. Gross
Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom - An Indonesian Case Study, Stuart G. Gross
Stuart G Gross
No abstract provided.
Evolution Of Credit Union Philosophy, Matthew Wilburn King
Evolution Of Credit Union Philosophy, Matthew Wilburn King
Matthew Wilburn King PhD
This paper explores the history and evolution of credit union philosophy. The evolution of credit union philosophy spans nearly 150 years. It’s a story that begins in the middle of 19th century Europe as it was emerging from a long history of feudal relations and tyrannical rule that created “the miserable economic conditions of the period and the realization that people would have to take action themselves if their lives were to improve.”1 The democratic ideals that were so eloquently articulated by classical liberal philosophers such as John Locke and Thomas Hobbes began to be increasingly institutionalized during this time.
Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas V. Burch
Thomas V. Burch
No abstract provided.
Giving Effect To Public International Law And European Community Law Before Domestic Courts. A Comparative Analysis Of The Practice Of Consistent Interpretation, Gerrit Betlem, André Nollkaemper
Giving Effect To Public International Law And European Community Law Before Domestic Courts. A Comparative Analysis Of The Practice Of Consistent Interpretation, Gerrit Betlem, André Nollkaemper
André Nollkaemper
This paper explores differences and similarities in how domestic courts – mainly Dutch courts – apply two distinct forms of non-domestic law: public international law and European Community law. The article focuses on the application of the principle that dominates practice in both areas: that courts should, whenever possible, construe national law in conformity with, respectively, public international law and European Community law. This article offers a systematic comparison of how courts employ this principle. On the basis of a detailed analysis of the relevant national case law and the case law of the European Court of Justice (ECJ), it …
Decisions Of National Courts As Sources Of International Law: An Analysis Of The Practice Of The Icty, André Nollkaemper
Decisions Of National Courts As Sources Of International Law: An Analysis Of The Practice Of The Icty, André Nollkaemper
André Nollkaemper
No abstract provided.
The International Criminal Tribunal For Rwanda: A Paper Umbrella In The Rain? Initial Pitfalls And Brighter Prospects, Jackson N. Maogoto
The International Criminal Tribunal For Rwanda: A Paper Umbrella In The Rain? Initial Pitfalls And Brighter Prospects, Jackson N. Maogoto
Jackson Nyamuya Maogoto
The tragedy which befell Rwanda in 1994 deserves a special place in the bloodstained pages of history. The Rwandan genocide merits distinction primarily because of its shocking efficiency, its scale and its proportional dimensions among the victim population. The Security Council's resolution establishing the ICTR articulates a set of decisions, assumptions, wishes, and objectives. Primarily, the States that voted in favour of the creation of the ICTR indicated that the root of the problem was individual violations of international criminal law. Only one State that voted for the resolution did not equate ipso facto ICTR actions with justice. That State …
Rushing To Break The Law? “The Bush Doctrine” Of Pre-Emptive Strikes And The Un Charter Regime On The Use Of Force, Jackson N. Maogoto
Rushing To Break The Law? “The Bush Doctrine” Of Pre-Emptive Strikes And The Un Charter Regime On The Use Of Force, Jackson N. Maogoto
Jackson Nyamuya Maogoto
The issues that the Article tackles are obviously complex and lengthy, however the Article has as its modest goal the exploration of the general arguments that the use of force to counter terrorism raises under the UN Charter regime on the use of force. In Part II, the Article gives an overview of the UN and terrorism noting the ambivalence in addressing the issue that has contributed to the confusion over a precise definition in large part reflective of the basic disagreement over the elements of terrorism itself. Part II then adopts a definition for the purposes of this Article. …
Análisis Jurídicos De La Discriminación Y Relaciones Laborales En Chile, Pablo Contreras
Análisis Jurídicos De La Discriminación Y Relaciones Laborales En Chile, Pablo Contreras
Pablo Contreras
No abstract provided.
The Fusades Strategy For El Salvador: Priority Areas For Judicial Reform And The Problem Of Corruption, Tamara Lothian
The Fusades Strategy For El Salvador: Priority Areas For Judicial Reform And The Problem Of Corruption, Tamara Lothian
Tamara Lothian
No abstract provided.
Two Conceptions Of Relevance, Jonathan Yovel
Two Conceptions Of Relevance, Jonathan Yovel
Jonathan Yovel
Courts use complex modes of relevance judgments in regulating the introduction of information and construction of factual narratives; likewise, common law works both through and around relevance presuppositions in determining doctrine. This study examines different functions of relevance - conceived as different conceptions, at times competing, at times interdependent. The distinctions between these conceptions are arranged on three levels: 1) a normative/"causal" level, arguing for the status of relevance as a requirement for a "meaning-based" conception of entailment and drawing on discussions from relevance logic (RL) and modal logic; 2) a pragmatic/metapragmatic level that explores the ways in which law's …
The Utility Of An International Legal Approach To The Jerusalem Question, Davinia Aziz
The Utility Of An International Legal Approach To The Jerusalem Question, Davinia Aziz
Davinia Aziz
International law has not acquitted itself well when invoked to assist in the resolution of the Israeli-Palestinian conflict. Imprecisely-articulated claims and interests framed in terms of charges and counter-charges of terrorism, respective rights to self-determination, sovereignty and illegal uses of force fail to capture the complexity of reality. Juxtaposing international law's stencil-like approach to this very complex reality illuminates the law's limitations. The law is inhibited by a restricted recognition of sources of legitimacy, rooted in the ethnocentric secularism of the American and Western European powers controlling its development. This article argues that despite its apparent shortcomings, international law is …
On The Meaning Of The ’Object And Purpose’ Criterion, In The Context Of The Vienna Convention On The Law Of Treaties, Article 19, Ulf Linderfalk
On The Meaning Of The ’Object And Purpose’ Criterion, In The Context Of The Vienna Convention On The Law Of Treaties, Article 19, Ulf Linderfalk
Ulf Linderfalk
No abstract provided.
From The Reign Of Terror To Reigning In The Terrorists: Defining The Rights Of Noncitizens In The Nation Of Immigrants, Daniel Kanstroom
From The Reign Of Terror To Reigning In The Terrorists: Defining The Rights Of Noncitizens In The Nation Of Immigrants, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
On-Site Director: Bc Law London Program, David Wirth
On-Site Director: Bc Law London Program, David Wirth
David A. Wirth
No abstract provided.
International Court Of Justice, David Wirth
Self-Determination In International Law And The Demise Of Democracy?, Russell Miller
Self-Determination In International Law And The Demise Of Democracy?, Russell Miller
Russell A. Miller
No abstract provided.
Understanding Greek Immigration Policy, Katerina Linos
Understanding Greek Immigration Policy, Katerina Linos
Katerina Linos
No abstract provided.
Unilateral Trade-Based Measures For Protection Of The Marine Environment: A Legal And Policy Perspective, David Wirth, Douglas Caldwell
Unilateral Trade-Based Measures For Protection Of The Marine Environment: A Legal And Policy Perspective, David Wirth, Douglas Caldwell
David A. Wirth
No abstract provided.
Trade, Inequality, And Justice: Toward A Liberal Theory Of Just Trade, Frank Garcia
Trade, Inequality, And Justice: Toward A Liberal Theory Of Just Trade, Frank Garcia
Frank J. Garcia
No abstract provided.
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.
Jurisdiction And Applicable Law: A Swedish Perspective On Cross-Border Enforcement Of Intellectual Property Rights, Ulf Maunsbach, Lydia Lundstedt
Jurisdiction And Applicable Law: A Swedish Perspective On Cross-Border Enforcement Of Intellectual Property Rights, Ulf Maunsbach, Lydia Lundstedt
Ulf Maunsbach
No abstract provided.