Exceptions to international obligations can be expressed in several ways and be of fundamental practical importance. Bringing together legal philosophers and scholars of international law, this volume provides theoretical frameworks for the understanding of such exceptions and their application in specific areas of international law.
Exceptions to international obligations can be expressed in several ways and be of fundamental practical importance. Bringing together legal philosophers and scholars of international law, this volume provides theoretical frameworks for the understanding of such exceptions and their application in specific areas of international law.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Lorand Bartels is a Reader in International Law and a Fellow of Trinity Hall, University of Cambridge, where he teaches WTO law and public international law. Federica Paddeu is The John Tiley Fellow in Law, Queens' College, University of Cambridge.
Inhaltsangabe
* Introduction * Antonia Waltermann and Gustavo Arosemena, Exceptions in International Law * Rules and Exceptions, in Law and Elsewhere * Rules, Defeasibility, and the Psychology of Exceptions * Seven Ways of Escaping a Rule: Of Exceptions and their Avatars in International Law * Defences and the Burden of Proof in International Law * Derogation and Defeasibility in International Law * Exceptions to Peremptory Rules, The Compelling Law of Jus Cogens and Exceptions to Peremptory Norms: To Derogate or Not to Derogate, That is the Question! * Exceptions: self-defence as an exception to the prohibition on the use of force * Defences in the Law of State Responsibility: A View from Jurisprudence * Clarifying the Concept of Circumstances Precluding Wrongfulness (Justifications) in International Law * Freedom With Their Exception: Jurisdiction and Immunity as Rule and Exception * Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State * Good Faith and the Exercise of Treaty-Based Discretionary Powers * The Construction of the Rebus Sic Stantibus Clause in Different Phases of International Law - Exception, Rule or Remote Spectator? * The Angst of the Exceptio Inadimplenti non est Adimplendum in International Law * Human Rights Exceptions * Exceptions in Multilateral Environmental Agreements * Defences in International Criminal Law - Exceptions in International Law? * Scope Limitation or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses * Reasons, Institutions, Authorities: Three Models of Exceptions in WTO Law
* Introduction * Antonia Waltermann and Gustavo Arosemena, Exceptions in International Law * Rules and Exceptions, in Law and Elsewhere * Rules, Defeasibility, and the Psychology of Exceptions * Seven Ways of Escaping a Rule: Of Exceptions and their Avatars in International Law * Defences and the Burden of Proof in International Law * Derogation and Defeasibility in International Law * Exceptions to Peremptory Rules, The Compelling Law of Jus Cogens and Exceptions to Peremptory Norms: To Derogate or Not to Derogate, That is the Question! * Exceptions: self-defence as an exception to the prohibition on the use of force * Defences in the Law of State Responsibility: A View from Jurisprudence * Clarifying the Concept of Circumstances Precluding Wrongfulness (Justifications) in International Law * Freedom With Their Exception: Jurisdiction and Immunity as Rule and Exception * Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State * Good Faith and the Exercise of Treaty-Based Discretionary Powers * The Construction of the Rebus Sic Stantibus Clause in Different Phases of International Law - Exception, Rule or Remote Spectator? * The Angst of the Exceptio Inadimplenti non est Adimplendum in International Law * Human Rights Exceptions * Exceptions in Multilateral Environmental Agreements * Defences in International Criminal Law - Exceptions in International Law? * Scope Limitation or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses * Reasons, Institutions, Authorities: Three Models of Exceptions in WTO Law
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