Reactions to Non-Performance of Treaties in International Law

2012 ◽  
Vol 25 (3) ◽  
pp. 759-770 ◽  
Author(s):  
SERENA FORLATI
Keyword(s):  
International Law ◽  
The Other ◽  
Current Understanding ◽  
International Treaties ◽  
Legal Regime ◽  
Limited Role ◽  
International Responsibility ◽  
The Law ◽  
The One ◽  
The Relationship

AbstractIdentifying the range of lawful reactions to non-performance of treaties is still problematic, as shown by the case concerning the Application of the Interim Accord of 13 September 1995 (FYROM/Greece). After reviewing the current understanding of the relationship between the law of treaties and the law of international responsibility, the author analyses the legal regime pertaining to suspension and termination of treaties on grounds of breach, on the one hand, and, on the other, to countermeasures, arguing that the exceptio inadimpleti contractus may still play an independent, albeit limited, role as a reaction to lawful non-performance of international treaties.

Treaties on Transit of Energy via Pipelines and Countermeasures

2015 ◽  
Author(s):  
Azaria Danae
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
The Other ◽  
Competing Interests ◽  
Other Hand ◽  
Energy Charter Treaty ◽  
International Responsibility ◽  
The One ◽  
Bilateral Treaties ◽  
The Relationship

This monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties. It argues that a number of transit obligations under these treaties are indivisible, reflecting the collective interests of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit state’s responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit state’s interruptions of transit. The competing interests of the transit state and those of the states dependent on the pipeline make this question one of the most controversial aspects of modern international law.

The Life of Law and the Law of Life

2018 ◽  
Author(s):  
Michael Naas
Keyword(s):  
The Other ◽  
Human Beings ◽  
The Law ◽  
Written Law ◽  
The One ◽  
The Relationship

This chapter analyzes a large swath of Plato’s Statesman (287b–311c) in order to ask, with “Plato’s Pharmacy” in the background, about the Stranger’s claim that law—and especially written law, since writing is the essence of law—is at once inferior to rule without law and yet, in a world without divine rulers, absolutely necessary for human governance. This chapter returns to many of the insights from Chapter 2 on the myth of the two ages, since what that myth demonstrated was the desirability and yet impossibility of an age in which a truly divine being rules over human beings and the concomitant necessity of trying to imitate that age through laws. Once again, we see that what is at issue in the relationship between the two ages, as well as in the relationship between a regime without law and a regime with it, are two different valences or valuations of life—the values of pure life, fecundity, spontaneity, and memory, on the one hand, and the values of death in life, forgetting in memory, and sterility in fecundity, on the other.

3. The law of treaties

2021 ◽  
pp. 33-48
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Other ◽  
Vienna Convention ◽  
Written Form ◽  
The Law ◽  
The One ◽  
Definition Of

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT), no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, ie the steps from the negotiation until the entry into force of the treaty; the ‘life’, ie the interpretation and application of the treaty; and its ‘demise’, ie its termination. The two fundamental tenets are, on the one hand, the principle ‘pacta sunt servanda’ and, on the other, the principle of contractual freedom of the parties.

scholarly journals Ending the life of the act/omission dispute: causation in withholding and withdrawing life-sustaining measures

Legal Studies ◽  
2011 ◽  
Vol 31 (3) ◽  
pp. 467-491 ◽  
Author(s):  
Andrew McGee
Keyword(s):  
Decision Making ◽  
Assisted Suicide ◽  
The Other ◽  
Common View ◽  
Legal Position ◽  
The Law ◽  
The One ◽  
End Of Life Decision ◽  
The Relationship ◽  
Life Decision

The aim in this paper is to challenge the increasingly common view in the literature that the law on end-of-life decision making is in disarray and is in need of urgent reform. The argument is that this assessment of the law is based on assumptions about the relationship between the identity of the defendant and their conduct, and about the nature of causation, which, on examination, prove to be indefensible. A clarification of the relationship between causation and omissions is provided which proves that the current legal position does not need modification, at least on the grounds that are commonly advanced for the converse view. This paves the way for a clarification, in conclusion, of important conceptual and moral differences between withholding, refusing and withdrawing life-sustaining measures, on the one hand, and assisted suicide and euthanasia, on the other.

Declarations, Statements and ‘Disguised Reservations’ with Respect to the Convention on the Law of the Sea

2001 ◽  
Vol 50 (4) ◽  
pp. 767-786 ◽  
Author(s):  
L. D. M. Nelson
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
Vienna Convention ◽  
Controversial Issues ◽  
Customary International Law ◽  
The Third ◽  
The Law ◽  
The One

The question of reservations was one of the ‘controversial issues’ facing the Third United Nations Conference on the Law of the Sea in drawing up the final clauses of the Convention. On the one hand it was argued that the integrity of the Convention must be safeguarded and that the ‘package deal’ must be protected from possible disintegration by the making of reservations. On the other hand the view was held that ‘allowance for the possibility of reservations is aimed at accommodating the views of the delegations who have maintained that they cannot become parties to the Convention unless the Convention permits them to exercise a right to enter reservations, in accordance with customary international law and as envisaged under the Vienna Convention on the Law of Treaties.’ In short the need to preserve the integrity of the Convention was pitted against the need to secure universal participation in the Convention.

3. The law of treaties

2019 ◽  
pp. 30-43
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Other ◽  
Vienna Convention ◽  
Written Form ◽  
The Law ◽  
The One ◽  
Definition Of

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT) no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, i.e. the steps from the negotiation until the entry into force of the treaty; the ‘life’, i.e. the interpretation and application of the treaty; and its ‘demise’, i.e. its termination. The two fundamental tenets are, on the one hand, the principle ‘pacta sunt servanda’ and, on the other, the principle of contractual freedom of the parties.

Deontic modality in English-Thai legislative translation

2019 ◽  
Vol 8 (1) ◽  
pp. 39-66 ◽  
Author(s):  
Mali Satthachai ◽  
Dorothy Kenny
Keyword(s):  
The Other ◽  
Target Language ◽  
International Treaties ◽  
Parallel Corpus ◽  
European Languages ◽  
Deontic Modality ◽  
The One ◽  
The Relationship

Abstract Scholarly interest in legislative translation has grown substantially over recent decades, with corpus-based approaches contributing to our understanding of the relationship between translated legislation and source texts, on the one hand, and translated and non-translated legislative texts in the target language, on the other. To date, however, most studies have been conducted on European languages. This study is part of a first attempt to use corpus techniques to explore legislative translation from English into Thai. Drawing on a purpose-built, 400,000-word, parallel corpus of international treaties translated from English into Thai, and a one million-word monolingual corpus of legislative texts originally written in Thai, we investigate how instances of deontic modality are translated into Thai. We analyse the modal strength of translations and conduct our inter-linguistic and intra-linguistic comparisons in the light of Biel’s (2014) concepts of equivalence and textual fit.

3. Personal Rights and Property Rights

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Property Right ◽  
The Other ◽  
Important Distinction ◽  
Personal Rights ◽  
Different Types ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

3. Personal Rights and Property Rights

Land Law ◽  
2020 ◽  
pp. 61-92
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Rights ◽  
Property Right ◽  
The Other ◽  
Important Distinction ◽  
Personal Rights ◽  
Different Types ◽  
The Law ◽  
The One ◽  
The Relationship

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

3. The law of treaties

2017 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Other ◽  
Vienna Convention ◽  
Written Form ◽  
The Law ◽  
The One ◽  
Definition Of

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT) no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, i.e. the steps from the negotiation until the entry into force of the treaty; the ‘life’, i.e. the interpretation and application of the treaty; and its ‘demise’, i.e. its termination. The two fundamental tenets are on the one hand, the principle ‘pacta sunt servanda’ and on the other, the principle of contractual freedom of the parties.

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