The Oxford Handbook of United Nations Treaties

The Oxford Handbook of United Nations Treaties

Author: Simon Chesterman

Publisher:

Published: 2019

Total Pages: 737

ISBN-13: 0190947845

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This book brings together world experts on the United Nations and international law, to examine not only the content of that legal regime but how it has been transformed since the second half of the twentieth century.


The Oxford Guide to Treaties

The Oxford Guide to Treaties

Author: Duncan B. Hollis

Publisher:

Published: 2020

Total Pages: 897

ISBN-13: 019884834X

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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.


The Lochlann Treaty

The Lochlann Treaty

Author: Elle Madison

Publisher:

Published: 2020-09-13

Total Pages: 730

ISBN-13:

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*****Over 225k+ words of enemies-to-lovers tension, alternate-fantasy adventure, and bold action. This box set contains all 4 books in the Lochlann Treaty series, and *never before seen* exclusive bonus content.PEACE AT ANY COST.Princess Charlotte's entire life had been planned.Right up until the moment her fiancé is kidnapped on her wedding day, sending the entire kingdom hurtling toward disaster.Charlie has never left the protective grounds of the castle, but to save her intended, she'll trade her crown for a sword and forge into dangerous rebel lands alongside her fiancé's arrogant older brother, Logan.Logan thinks she's a spoiled princess. She's about to prove him wrong.But each step deeper into the enemy's world confirms nothing is what it seems. Not the love that was supposed to be easy. Not the allies she's supposed to trust. Not even the outlaws she's been raised to fear. Faced with brutal truths and the looming threat of war, Charlie must find her inner strength to not only fight back, but to trust her heart-no matter where it leads.From naive princess to Warrior Queen, The Lochlann Treaty will keep you on the edge of your seat from beginning to end. A sweeping fantasy for fans of Red Queen, Outlander, and Throne of Glass.★★★★★ The Lochlann Treaty series. One of my favorite fantasies of the year. Mahle and Madison are an ace duo who created a world that I didn't want to come back from. The only problem with this book is that it had to end. - USA Today Bestselling author M. Lynn


Permanent Establishment

Permanent Establishment

Author: Arvid Aage Skaar

Publisher: Kluwer Law International B.V.

Published: 2020-06-19

Total Pages: 999

ISBN-13: 9403520647

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A new edition of the preeminent work on the permanent establishment (PE) is a major event in tax law scholarship. Taking into account changes in judicial and administrative practice as well as the Organisation for Economic Co-operation and Development’s (OECD’s) and the United Nation’s (UN’s) work in the three decades since the first edition, the present study brings the analysis up to date with the current internationally accepted interpretation of PE. The analysis is based on more than 720 cases from more than 20 countries, in addition to the OECD and UN model treaties and more than 630 books, articles, and official documents. The increased significance of the digital economy has rendered the traditional concept of PE inadequate for the allocation of taxing jurisdiction over the modern, mobile or digital international business. The author’s in-depth analysis explains the legal elements of the PE principle with attention to their continuing benefit and their shortcomings: criteria defining a PE- place of business, location, right of use, duration, business connection, business activity, ordinary course of business; evidence of a right of use to a place of business; business activities included in the PE concept of the tax treaties; identification of projects offshore and onshore; UN model treaty deviations from the OECD agency clause; distinction between jurisdictions with significant natural resources and countries possessing the capital, technology and know-how necessary to explore and exploit these resources; and how policies in each country may erode the PE concept. The book provides many synopses of court decisions and administrative rulings upon which the analysis is based. In addition to cases previously published in law reports and other publications, a number of unpublished decisions are included. A key word index makes it easy to find what is needed in any particular matter. The PE principle, in one version or another, is used in several thousand tax treaties in force today. This updated comprehensive study reveals the obligations imposed through the use of PE in tax treaties and will continue to be of immeasurable value to tax practitioners and scholars worldwide. In addition, the discussion of whether the notion of PE is an appropriate criterion for taxing jurisdiction in international fiscal law today provides authoritative and insightful food for thought.


Treaty Interpretation

Treaty Interpretation

Author: Richard K. Gardiner

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 577

ISBN-13: 0199669236

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The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.


The Death of Treaty Supremacy

The Death of Treaty Supremacy

Author: David Sloss

Publisher: Oxford University Press

Published: 2016

Total Pages: 473

ISBN-13: 0199364028

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This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.


The Continent of International Law

The Continent of International Law

Author: Barbara Koremenos

Publisher: Cambridge University Press

Published: 2016-03-29

Total Pages: 457

ISBN-13: 1316586375

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Every year, states negotiate, conclude, sign, and give effect to hundreds of new international agreements. Koremenos argues that the detailed design provisions of such agreements matter for phenomena that scholars, policymakers, and the public care about: when and how international cooperation occurs and is maintained. Theoretically, Koremenos develops hypotheses regarding how cooperation problems like incentives to cheat can be confronted and moderated through law's detailed design provisions. Empirically, she exploits her data set composed of a random sample of international agreements in economics, the environment, human rights and security. Her theory and testing lead to a consequential discovery: considering the vagaries of international politics, international cooperation looks more law-like than anarchical, with the detailed provisions of international law chosen in ways that increase the prospects and robustness of cooperation. This nuanced and sophisticated 'continent of international law' can speak to scholars in any discipline where institutions, and thus institutional design, matter.