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Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.
This focused collection of essays on various aspects of the law of treaties does justice to its honoree, scholar and author Professor Bert E.W. Vierdag, on the occasion of his retirement as Professor of International Law and International Relations at the University of Amsterdam. Written by leading academics in the field as well as practitioners and former practitioners, the essays cover: - the alignment of treaties with more general sources doctrine, addressing such issues as conflicts between various types of treaties and the relationship between treaties and customary international law, and between treaties and domestic law; - the emergence of treaty norms through various ways and methods; and - the creation of treaty law in several branches of international law. This cohesive, focused, expert work will assist and appeal to both academics in the fields of public law and political science and professionals engaged in international negotiations and treaty-making.
The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.
How should we assess the social structures that govern human conduct and settle whether we are bound by their rules? One approach is to ask whether those social arrangements (e.g. our family structures) reflect pre-conventional facts about our nature. If they do, compliance will serve our interests because these rules are not just conventions. Another approach is to ask whether following a convention has desirable consequences. For example, the rule which makes the dollar bill legal tender is a convention and the great usefulness of having a medium of exchange ensures that we should follow that convention by accepting paper money in return for things of real value. This work argues that being bound by a convention can also be valuable for its own sake. People need meaning in their lives and conventions infuse acts and attitudes with normative significance, rendering them right or wrong, appropriate or inappropriate, required or forbidden. Such rules bind us not just in virtue of their usefulness but also because their absence would impoverish our social world. Appreciating this point is essential to a proper understanding of our cultures of neighbourliness and hospitality, family structures, systems of property rights, conventions around speech, the norms governing how we deport ourselves in public, and even the rules of a game.
24 (17 I.L.M. 546 (1978))
Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, "ex" "hypothesi," treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.
List of members in v. 1-10.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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
Explains twenty-five bidding conventions, including the grand slam force, lead-directing doubles, negative doubles, new minor forcing, responsive doubles, reverse Drury, splinter bids, Stayman, takeout doubles, and weak two-bids.