Methods of Resolving Conflicts between Treaties
Methods of Resolving Conflicts between Treaties

Author: Seyed-Ali Sadat-Akhavi

Publisher: BRILL

Published: 2021-10-18

Total Pages: 285

ISBN-13: 9004482083

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Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.

Methods of Resolving Conflicts Between Treaties
Methods of Resolving Conflicts Between Treaties

Author: Ali Sadat-Akhavi

Publisher: Martinus Nijhoff Publishers

Published: 2003-01-01

Total Pages: 296

ISBN-13: 9789041120311

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Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues. This work will assist and appeal to both academics in the fields of international law and political science and professionals engaged in international negotiations and treaty-making.

Conflict of Norms in Public International Law
Conflict of Norms in Public International Law

Author: Joost Pauwelyn

Publisher: Cambridge University Press

Published: 2003-07-31

Total Pages: 557

ISBN-13: 1139436902

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One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

The Right to Food and the World Trade Organization's Rules on Agriculture
The Right to Food and the World Trade Organization's Rules on Agriculture

Author: Rhonda Ferguson

Publisher: BRILL

Published: 2018-01-03

Total Pages: 305

ISBN-13: 9004345302

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In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.

Strategically Created Treaty Conflicts and the Politics of International Law
Strategically Created Treaty Conflicts and the Politics of International Law

Author: Surabhi Ranganathan

Publisher: Cambridge University Press

Published: 2014-12-18

Total Pages: 483

ISBN-13: 1316194736

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Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.

Conflicts in International Environmental Law
Conflicts in International Environmental Law

Author: Rüdiger Wolfrum

Publisher: Springer Science & Business Media

Published: 2003-07-22

Total Pages: 236

ISBN-13: 9783540405207

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This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.