Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal. It examines the political and legal framework around treaty making to explain how withdrawal evolved over time and suggests ways to improve conditions for orderly withdrawal.
This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.
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.
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.
The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jürgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.
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