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Books on the topic 'General principle of international law'

Author: Grafiati
Published: 4 June 2021
Last updated: 2 February 2022

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1

The principle of legality in international and comparative criminal law. Cambridge [UK]: Cambridge University Press, 2008.

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2

Principles of public international law. 7th ed. Oxford: Oxford University Press, 2008.

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3

Brownlie, Ian. Principles of public international law. Oxford: Oxford University Press, 1990.

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Principles of public international law. 5th ed. Oxford: Clarendon Press, 1998.

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Principles of public international law. 6th ed. Oxford: Oxford University Press, 2003.

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6

Principles of public international law. 4th ed. Oxford [England]: Clarendon Press, 1990.

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7

Cheng, Bin. General principles of law as applied by international courts and tribunals. Cambridge: Cambridge University Press, 1994.

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8

General principles of law: As applied by international courts and tribunals. Cambridge: Grotius, 1987.

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9

General principles of law in the decisions of international criminal courts and tribunals. Leiden: M. Nijhoff Pub., 2008.

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10

Bulajić, Milan. Principles of international development law: Progressive development of the principles of international law relating to the new international economic order. 2nd ed. Dordrecht: M. Nijhoff, 1993.

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11

Principles of international development law: Progressive development of the principles of international law relating to the new international economic order. Dordrecht: M. Nijhoff, 1986.

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12

Handl, Günther. Multilateral development banking: Environmental principles and concepts reflecting general international law and public policy. The Hague: Kluwer Law International, 2001.

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13

Gillies, David. Between principle and practice: Human rights in north-south relations. Montreal: McGill-Queen's University Press, 1996.

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14

Brunner, Christoph. Force majeure and hardship under general contract principles: Exemption for non-performance in international arbitration. Austin: Wolters Kluwer Law & Business, 2009.

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15

Force majeure and hardship under general contract principles: Exemption for non-performance in international arbitration. Austin: Wolters Kluwer Law & Business, 2009.

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16

Schwebel, Stephen M., Charles T. Jr Kotuby, Luke A. Sobota, and Center for Internatioanl Legal Education. General Principles of Law and International Due Process. Oxford University Press, Incorporated, 2017.

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17

Gattini, Andrea, Attila Tanzi, and Filippo Fontanelli, eds. General Principles of Law and International Investment Arbitration. Brill | Nijhoff, 2018. http://dx.doi.org/10.1163/9789004368385.

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18

Andenas, Mads, Malgosia Fitzmaurice, Attila Tanzi, and Jan Wouters, eds. General Principles and the Coherence of International Law. Brill | Nijhoff, 2019. http://dx.doi.org/10.1163/9789004390935.

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19

Singh, Connie S. Comparative Legal Studies: General Principles and Transnational Norms. Kendall/Hunt Publishing Company, 2006.

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20

Cheng, Bin. General Principles of Law as Applied by International Courts and Tribunals. Cambridge University Press, 2006.

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21

1938-, Vaughan David, ed. EU competition law: General principles. Richmond, UK: Richmond Law & Tax, 2006.

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22

Naomi, Roht-Arriaza. Part I Combating Impunity: General Obligations, Principle 1 General Obligations of States to Take Effective Action to Combat Impunity. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0005.

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In general, Principle 1 is the introduction and cornerstone to the Principles. It defines state responsibility for the interrelated obligations spelled out in the Principles, emphasizing the mandatory, interrelated, non-hierarchical nature of these obligations in addition to responsibility for the underlying violations. Principle 1 is based on then-existing jurisprudence of the regional human rights courts and the United Nations human rights bodies, as well as from academic and non-governmental commentary. This chapter first provides a historical background and discusses the contemporary context in which Principle 1 is applied. It then describes the normative (legal/ethical) foundation of the Principle, focusing on how its interpretation is influenced by international law and how it relates to notions of transitional justice. It also analyzes the applications of the Principle in practice before concluding with an assessment of some of its ambiguities and weaknesses.
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23

Charles T, Kotuby, and Sobota Luke A. Epilogue: General Principles of Law and International Due Process as a Function of Private International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190642709.003.0004.

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Private international law usually does its part to resolve transnational disputes by pointing parties to the proper forum and the proper law. Its rules are adjectival and rarely provide the ultimate solution to a dispute. But in order to play a more meaningful role in aiding the resolution of modern transnational disputes, the authorities that encompass the rules of private international law might also play a role in determining the substance of the applicable municipal law. In this vein, the “general principles of law recognized by civilized nations” may provide a rich reserve of normative principles on which private international law may draw to interpret, define, and even correct the governing municipal law. These principles are, after all, borne from a distillation and consensus of municipal laws, and they have been fashioned as positive law to function on the international plane. In a transnational case, involving litigants from differing legal traditions, a solution premised on international rather than municipal principles should be preferred given the competing interests of the two foreign parties to the dispute. Private international law scholars and municipal judges might be best suited to explicate and elevate this source of law with the rigor that is needed to ensure its vitality and applicability to modern transnational disputes.
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24

Stefan, Vogenauer. Ch.1 General Provisions, General Provisions I: Arts 1.1–1.3—Fundamental principles, Art.1.2. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0006.

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This commentary focuses on Article 1.2, which spells out a fundamental principle of contract law: the principle of freedom from form, or ‘principle of informality’. No contract, statement, or other act made under the UNIDROIT Principles of International Commercial Contracts (PICC) requires a particular formality in order to be valid and enforceable; it is sufficient if these are made orally or by mere conduct. While the PICC admit for exceptions to some of their other fundamental contract law principles, the principle of freedom from form is executed in the purest form possible. It applies to the formation of contracts as well as to their subsequent modification and termination, it is reinforced by Art 3.1.2, and there is not a single exception to it. Art 1.2 covers relevant and mandatory formal requirements, formal requirements agreed by the parties, and the concept of ‘writing’.
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25

Gerhard, Werle, and Jeßberger Florian. Principles of International Criminal Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198826859.001.0001.

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This book is one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates the work with developments in international criminal justice since 2014. The book retains its systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
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26

Guide to General Principles of Law in International Investment Arbitration. Oxford University Press, 2020.

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27

Stefan, Vogenauer. Ch.1 General Provisions, General Provisions I: Arts 1.1–1.3—Fundamental principles, Art.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0007.

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This commentary focuses on Article 1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) regarding a fundamental principle of contract law: the principle of bindingness of contract, also known as ‘sanctity of contract’ or pacta sunt servanda — contracts validly concluded under the law are enforced by the law. The underlying rationale of the principle of bindingness of contract, and thus of Art 1.3, may be contested in contract theory. The bindingness of contracts allows parties to arrange their affairs and thus promotes legal certainty. The contract is only binding ‘upon the parties’. Persons who are not a party to the contract are not bound by it: an agreement of the parties to make a contract for the detriment of a third person is not valid. This commentary considers the implications of and exceptions to the principle of bindingness.
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28

Charles T, Kotuby, and Sobota Luke A. Ch.1 An Introduction to the General Principles of Law and International Due Process. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190642709.003.0001.

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This chapter discusses the history and genesis of general principles of law and norms of international due process in international law, and the practical application of these principles and norms in various national and international fora. The identification of general principles is one of both discernment and distillation—honing the principles underlying legal rules that are common to the majority of legal systems around the world. Once properly identified, general principles help regulate inter-state relations, define the treatment due to foreign investors under investment treaties, and guide the choice of law before municipal courts. They assist in the proper interpretation of both treaties and internation contracts. There are similarly general and universal procedural principles that form the concept of international due process. These baseline norms are referenced when deciding when a judgment or award deserves recognition abroad or, conversely, condemnation as a denial of justice.
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29

The Rule of Unwritten International Law: Customary Law, General Principles, and World Order. Routledge, 2018.

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30

Stefan, Vogenauer. Ch.1 General Provisions, General Provisions I: Arts 1.1–1.3—Fundamental principles, Art.1.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0005.

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This commentary focuses on Article 1.1, which deals with freedom of contract, the most important fundamental principle of contract law for contracts governed by the UNIDROIT Principles of International Commercial Contracts (PICC). Art 1.1 restates a general principle of law in the technical sense; that is, a principle common to the laws of all — or at least most — jurisdictions in the world. All modern contract laws recognize freedom of contract, albeit for different reasons and to varying degrees. Art 1.1 covers two aspects of contractual freedom: the first is the freedom to decide whether to conclude a contract at all, and with whom; the second is the freedom to contract on the terms desired by the parties. Limitations of the freedom to determine the content of the contract follow from mandatory rules of the PICC.
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31

Forteau, Mathias. Comparative International Law Within, Not Against, International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0008.

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The work of the ILC constitutes an interesting illustration of a positive interplay between international law and different domestic approaches to international law. Section I of this chapter identifies the institutional ingredients that are required in order for comparative international law to obtain a sufficiently representative conception of international law. Section II explores the main tools used by the ILC on the substantive plane to draft common rules on the basis of existing and possibly divergent state practice or opinio juris. Focus is placed on customary international law insofar as general principles of international law have never been considered by the ILC as a field to be explored on its own—presumably because both codification and progressive development of international law require the Commission to base its proposal at least on some emerging state practice.
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32

Kennelly, Brian, Philip Riches, David Vaughan, and Sarah Lee. EU Competition Law: General Principles (EU Competition Law Library). Oxford University Press, USA, 2006.

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33

Dermot, Groome. Part II The Right to Know, A General Principles, Principle 2 The Inalienable Right to the Truth. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0006.

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Principle 2 is concerned with the inalienable right to truth, a right that arises from the right to know and obliges governments to establish mechanisms to facilitate the revelation of the truth about serious violations of human rights. The right to truth has been explicitly incorporated into several international instruments and, in 2010, became expressly guaranteed in the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). In practice, the right to truth is realized through laws enabling requests for state-held information; archives; truth commissions; national and international courts; and human rights commissions. After providing a contextual and historical overview of Principle 2, this chapter describes its normative (legal/ethical) foundation, focusing on how its interpretation is influenced by international law and how it relates to notions of transitional justice. It also analyzes the applications of the Principle in practice.
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34

Colin, Bamford. Principles of International Financial Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198722113.001.0001.

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The book examines a number of legal concepts developed in the common law world that form the foundation of the operation of international financial transactions. It does not deal with the detailed rules that govern financial transactions, but rather with the ideas that gave rise to the present rules and which, when those rules change, will underpin the new rules that replace them. The aim is not to give an academic analysis of detailed legal rules but to help practitioners better understand the rules with which they deal and where the rules came from. International finance is an area of legal practice that constantly changes. Legal practitioners can master that process of change only if they fully understand the principles and concepts on which the structure is built. The book is divided into eleven chapters dealing with a wide range of ideas; the legal nature of money; the meaning and mechanisms of payment; the relationship in common law between personal legal rights and rights of property; the nature of intangibles as property; the structure of international bond documentation; fiduciary duties in the general law and in financial markets; mechanisms of credit support; the nature of security interests; and the construction and interpretation of financial contracts.
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35

Ahmed, El Far. Abuse of Rights in International Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198850380.001.0001.

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In recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSID arbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a party’s chances of success, and the possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudice their opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms of abuse. Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle, which involves equity considerations, enjoys the flexibility of general principles of law, and can address different abusive behaviours. The author carefully examines the legal basis and core elements of abuse of rights and analyses the relevant case law to address how the principle may affect administration of arbitral justice. Arguing for the application of abuse of rights as a general principle of law, the author expertly examines how it could apply in both international commercial and investment arbitration to tackle procedural misconduct and different abusive practices.
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36

van Steenberghe, Raphaël. Sources of International Humanitarian Law and International Criminal Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0042.

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This chapter analyses the specific features which characterize the sources of international humanitarian law (IHL) and international criminal law (ICL). It first examines those which are claimed to characterize IHL and ICL sources in relation to the secondary norms regulating the classical sources of international law. The chapter then looks at the specific features of some IHL and ICL sources in relation to the others of the same field. Attention is given particularly to the Rome Statute of the International Criminal Court and the impact of its features on other ICL sources, as well as to the commitments made by armed groups, whose characteristics make them difficult to classify under any of the classical sources of international law. In general, this chapter shows how all those specific features derive from the specific fundamental principles and evolving concerns of these two fields of international law.
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37

Darcy, Shane. The Principle of Legality at the Crossroads of Human Rights and International Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190272654.003.0012.

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This chapter explores the treatment of the principle of legality in international criminal law, in particular the rule against ex post facto application of criminal laws, as enshrined in human rights law. It demonstrates that a broadly liberal interpretation of nullum crimen has facilitated judicial creativity and the development of international criminal law by international courts and tribunals. The chapter begins with a general discussion of the principle of legality under international law, before turning to a consideration of the treatment of the principle at Nuremberg and the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The final section of the chapter turns to the European Court of Human Rights and examines how it has addressed the rule of non-retroactivity in the context of national prosecutions of international crimes, in particular in Kononov v. Latvia.
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Dermot, Groome. Part II The Right to Know, A General Principles, Principle 4 The Victims’ Right to Know. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0008.

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Principle 4 deals with the victims’ right to know, which is most often exercised in conjunction with Principle 2, the right to truth. This principle not only guarantees families to know the ultimate fate of relatives but also requires a full and fair exposition of what happened, including the existence of human rights violations. The right to know was first articulated in Article 32 of Additional Protocol I to the Geneva Conventions and has evolved as a principle of customary international humanitarian law. Principle 4 recognizes the basic human need for families to know the fate of missing loved ones and is best understood as a right extending humanitarian protection to families of the missing. This chapter first provides a contextual and historical background on Principle 4 before discussing its theoretical framework and the ways in which the right to know is exercised in practice.
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39

Clinton, David. Diplomacy and International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.152.

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Within the international society, law and diplomacy have always been complementary and interdependent. However, lawyers and diplomats deal with international issues differently, making them rivals to be the primary mode of international interaction. Diplomacy is the art and practice of conducting negotiations between representatives of states; it usually refers to international diplomacy, the conduct of international relations through the mediation of professional diplomats with regard to a full range of topical issues. Nations sometimes resort to international arbitration when faced with a specific question or point of contention in need of resolution. For most of history, there were no official or formal procedures for such proceedings. They were generally accepted to abide by general principles and protocols related to international law and justice. International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. Much of international law is consent-based governance. This means that a state member is not obliged to abide by this type of law, unless it has expressly consented to a particular course of conduct, or entered a diplomatic convention. Interdisciplinary courses, like diplomacy and international law, are designed to help one think critically about diplomatic and international legal issues in real-life contexts, while applying theory to practice and addressing some of the key questions facing the world today.
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40

Kai, Ambos. Treatise on International Criminal Law. 2nd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192844262.001.0001.

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This second edition of Volume I of the three-volume Treatise on International Criminal Law addresses the foundations of international criminal law and the emerging general principles. It examines the history of the discipline and the concepts behind it. Starting with the development of international criminal justice, the book proceeds as follows: it attends to the sources of international criminal law, then moves to investigate the general structure of crime in international criminal law, and addresses in detail the concept and forms of individual criminal responsibility; it then turns to the subjective requirements of criminal responsibility, and defences that exclude such responsibility. International criminal justice is a flourishing field, with the birth of new international criminal tribunals and both accountability and investigative mechanisms. Case law increases rapidly, so does the ensuing substantive scholarship. This is also true for international criminal law’s foundations and general principles, treated in this volume. Thus, the previous edition has been completely revised, updated, and rewritten in some parts. The author strived to include both relevant case law and scholarly work up to March 2021.
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41

Beck, Robert J., and Henry F. Carey. Teaching International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.309.

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The international law (IL) course offers a unique opportunity for students to engage in classroom debate on crucial topics ranging from the genocide in Darfur, the Israeli–Palestinian issue, or peace processes in Sri Lanka. A well-designed IL course can help students to appreciate their own preconceptions and biases and to develop a more nuanced and critical sense of legality. During the Cold War, IL became increasingly marginalized as a result of the perceived failure of international institutions to avert World War II and the concurrent ascent of realism as IR’s predominant theoretical paradigm. Over the past two decades, however, as IL’s profile has soared considerably, political scientists and students have taken a renewed interest in the subject. Today, IL teaching/study remains popular in law schools. As a general practice, most instructors of IL, both in law schools or undergraduate institutions, begin their course designs by selecting readings on basic legal concepts and principles. Once the basic subject matter and associated reading assignments have been determined, instructors typically move on to develop their syllabi, which may cover a variety of topics such as interdisciplinary methods, IL theory, cultural relativism, formality vs informality, identity politics, law and economics/public choice, feminism, legal realism, and reformism/modernism. There are several innovative approaches for teaching IL, including moot courts, debates, simulations, clinical learning, internships, legal research training, and technology-enhanced teaching. Another important component of IL courses is assessment of learning outcomes, and a typical approach is to administer end-of-semester essay-based examinations.
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42

de Stefano, Carlo. Attribution in International Law and Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844648.001.0001.

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This book aims to clarify, critically discuss, and propose solutions for the application of international rules of attribution of conduct to States under public international law and international investment law. In a nutshell, the issue is that of the applicability of the principles of ‘attribution’ to States of acts that are in breach of their obligations under international custom or international treaties, with a focus on their commitments pertaining to the treatment of foreign investors under international investment agreements (IIAs), mostly bilateral investment treaties (BITs), and their application by arbitral tribunals. Of special interest and the object of extensive debate within this context is the responsibility of States when the alleged breach has been committed not by the State itself through its organs, but by entities which have separate legal personality under domestic law, which, nevertheless, may engage the responsibility of the State under international law, such as State-owned enterprises (SOEs). The book addresses the relevant issues in a systematic way, approaching them first in general terms on the basis of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International Law Commission (ILC) in 2001, and proceeding thereafter to the specifics of international investment law, based on an accurate examination of the law, practice, and case law, with full knowledge and consideration of the academic debate. To this extent, the book submits that the general principles on attribution are fully applicable within international investment law, which is not a closed system governed by different principles, and that tribunals have to apply them as they generally do.
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Redgwell, Catherine. Sources of International Environmental Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0044.

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This chapter considers the applicability to environmental problems of the traditional sources of international law, using as the starting point the formal sources enumerated in Article 38 of the International Court of Justice (ICJ) Statute. It notes that leading treatises on international environmental law (IEL) and the account of the formal sources of IEL will likely start along the traditional positivist lines of Article 38. This chapter adheres to this practice to an extent—by discussing treaties, customary international law, and general principles. However, the discussion also moves on to, amongst other things, innovative methods of law creation, the dynamic evolution of environmental treaty texts, and the specific role played by soft law in the development and application of international environmental norms. The chapter concludes that, nonetheless, as a branch of general international law, the sources of international environmental law are the same.
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44

Kai, Ambos. Part III The Right to Justice, A General Principles, Principle 19 Duties of States with Regard to the Administration of Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0023.

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Principle 19 outlines the duties of States with regard to the administration of justice for victims of serious human rights violations and other international crimes. Under this Principle, States must ensure that those responsible for serious crimes under international law are prosecuted, tried and adequately punished. A state’s (criminal) justice obligations have long been recognized by regional human rights courts and international human rights bodies. While the fight against impunity is the explicit aim of the International Criminal Court (ICC) and a major goal of the United Nations, the duty to prosecute lies primarily with the domestic justice system with regional or international mechanisms being subsidiary or complementary. This chapter first provides a contextual and historical background on Principle 19 before discussing its theoretical framework and how human rights courts and treaty bodies have interpreted the duty of States to investigate and prosecute serious human rights violations.
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45

Wuerth, Ingrid B. Sources of International Law in Domestic Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0052.

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This chapter takes a new approach to the much-analysed relationship between domestic and international law. It considers how global changes in domestic constitutional structures have changed the sources of international law. It argues that domestic constitutional structures have changed in similar ways in many countries around the world over the past century. Treaties, custom, and ‘soft law’ as sources of international law have each been shaped by these changes, particularly the rise in legislative power for treaties, the rise in legislative and judicial power for custom and general principles, and the rise of the administrative state for soft law. This chapter also considers how the content of each source of international law is influenced by domestic constitutional structures. It concludes with some normative perspectives on the relationship between each source of international law and changes in domestic constitutional structures.
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46

White, Nigel D. The Relationship between the Un Security Council and General Assembly in Matters of International Peace and Security. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0014.

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This chapter examines the division of competence between the UN Security Council and the UN General Assembly concerning matters of international peace and security but placed within the context of the prohibition on the use of force. Although the Security Council can authorize the use of force by states, what is not clear is whether the General Assembly can recommend that states take military action. The chapter considers the conundrum faced by the United Nations with respect to an imminent and catastrophic use of force or act of egregious violence, when the UN Security Council is deadlocked because of the lack of agreement between the permanent members. It discusses the debate over the legality of the (in)famous Uniting for Peace Resolution of 1950 within the context of the emerging principle of a Responsibility to Protect (R2P) as well as within existing principles of international law.
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47

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0004.

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Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.
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48

N Jansen, Calamita. The Principle of Proportionality and the Problem of Indeterminacy in International Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law-iic/9780190265779.016.0004.

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This chapter focuses on the principle of proportionality, examining its potential to act as a unifying guiding framework for the application and interpretation of investment treaties. It addresses threshold concerns about the legitimacy of introducing without state consent a concept that is not a general principle of law or customary norm, and then addresses whether proportionality can really be used to develop coherent treaty interpretations in the absence of fundamental agreement on questions regarding the relative strength of the rights and interests to be balanced in the analysis. It also considers the potential inutility of proportionality as a mode of analysis without agreement on the standard of review employed by tribunals in their application of a proportionality standard.
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49

William H, Boothby. 3 Components of the International Law of Weaponry. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198728504.003.0003.

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This chapter considers the sources of the law of weaponry and discusses matters critical to understanding it. Taking the traditional approach, in addition to general principles of law recognized by nations, the sources of the law consist of customary law and of treaty law, the latter referred to as ‘conventional law’. The chapter looks at customary law, which is, according to Article 38(1)(b) of the Statute of the International Court of Justice (ICJ), the law applied by the court as including ‘international custom, as evidence of a general practice accepted as law’. The chapter discusses what does, and respectively does not, comprise state practice and then looks at treaties, how they are made and interpreted, how states explain their understandings of them and related matters. Individual sections then address the status at law of the ICRC Study of Customary International Humanitarian Law and of the UN Secretary General’s Bulletin.
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50

William A, Schabas. Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.22 Nullum crimen sine lege. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0027.

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This chapter comments on Article 22 of the Rome Statute of the International Criminal Court. According to the ‘principle of legality’, a person may not be punished if incriminating acts, when they were committed, were not prohibited by law. The rule is one of the rare provisions set out as a non-derogable norm in all of the major human rights conventions. Article 22 is the first of three provisions dealing with issues of retroactivity. A Trial Chamber explained that ‘[r]ead together, these three provisions pertain to the substantive law, such as the crimes set out in Articles 5 to 8bis of the Statute. The principle of non-retroactivity is more applicable to matters of substance than to those of procedure’.
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