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Dissertations / Theses on the topic 'Treaty law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Edwardes-Ker, Michael. "Tax treaty interpretation." Thesis, Queen Mary, University of London, 1994. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1679.

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This thesis analyses which principles should govern the interpretation of tax treaties. This field is complex - because tax treaties have a dual status. Tax treaties are treaties between States - which are governed by public international law, the principles of which have been codified in the 1980 Vienna Convention on the Law of Treaties. Tax treaties are also laws which can affect the domestic rights of taxpayers (and States). Different, and possibly conflicting, principles of interpretation may apply in public international, and in (different) domestic, contexts. This thesis seeks to reconci

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2

Ranganathan, Surabhi. "International law and strategically-created treaty conflicts." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608031.

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3

Sasson, Monique. "Substantive law in investment treaty arbitration : the uneasy relationship of international law and municipal law." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.611808.

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4

Craft, Aimee. "Breathing Life Into the Stone Fort Treaty." Thesis, Purich Publishing, 2011. http://hdl.handle.net/1828/4528.

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This dissertation will demonstrate that, by considering Treaty One (1871) from the perspective of the Anishinabe, especially Anishinabe laws or Anishinabe inaakonigwein and normative expectations, one can obtain a better understanding of why there is a discrepancy in interpretations of the treaty. The research draws on practices of treaty making prior to Treaty One and shows that the parties relied extensively on Anishinabe protocols and procedural laws in the context of the Treaty One negotiations. In addition, kinship relationships, the obligations derived from them, and a sense of the s

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5

Mata-Garcia, Cesar R. "Applying principles of administrative law to investor-state treaty arbitrations." Thesis, University of Dundee, 2012. https://discovery.dundee.ac.uk/en/studentTheses/3f5ed805-4065-449a-b0dd-5a3977eba8ed.

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The aim of this research is to assess an emerging public-law concern: the review of the administrative actions of a host state in investment arbitration. This research examines the extent to which the principles of domestic administrative law can be used as a legal reference for investment arbitrators to address and resolve the legal issues presented in regulatory disputes that are resolved by means of investor-state treaty arbitrations (ISTAs). In arriving at an answer to this particular question, two factors are considered: (i) the use of administrative law principles as a part of the unitis

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6

Bianchet, Lara. "Treaty Modification by Subsequent Practice : Analysis of the present legal framework, the expansive potential and the consequences of treaty modification by subsequent practice." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-65713.

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7

Kontou, Athanassia. "Treaty termination or revision in the light of new customary law." Thesis, University of Cambridge, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358689.

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8

Perna, Laura. "The formation of the treaty law of non-international armed conflicts /." Leiden [u.a.] : Nijhoff, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/50248327X.pdf.

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9

Bunn-Altham, Sandra Louise. "Juricultural pluralism vis-á-vis treaty law : state practice and attitudes." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.624176.

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10

Pauker, Saar. "Characterization problems in investment treaty arbitration." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609210.

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11

Ismailov, Otabek. "The Necessity Defense in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/35860.

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More than fifty investor-state arbitration claims have been filed by foreign investors against the Republic of Argentina due to the country's adoption of measures to mitigate the consequences of a severe financial crisis that struck the country in the early 2000s. Argentina invoked the Non-Precluded Measures (NPM) clause in the U.S.-Argentina Bilateral Investment Treaty (BIT) and the necessity defence in customary international law as its defense in these arbitrations. As a result of taking divergent approaches to interpreting the NPM clause in the U.S.-Argentina BIT, the tribunals reached inc

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12

Wunder, Thomas. "Recognition, Enforcement, and Execution of arbitral awards under the ICSID convention : The debate and problems in the differentiation between execution and enforcement regarding questions of sovereign immunity." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-411833.

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This thesis analyses the conundrum at the intersection of (i) recognition, (ii) enforcement, and (iii) execution of investment treaty arbitral awards pursuant to the ICSID convention. Orienting between recognition, enforcement, and execution has recently stirred quite some debate. This culminates in the question of, on the one hand, whether it is necessary to differentiate between “enforcement” and “execution” in light of the plea of sovereign immunity, and how to do so, on the other hand. In this context, the concept of sovereign immunity in general and as a potential objection within the I

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13

Cruceru, Luiza Brindusa. "Treaty shopping and the abuse of income tax conventions." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83949.

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This study proposes to analyze the phenomenon of tax treaty abuse and the use of tax treaties as tools to avoid or minimize the taxation by residents doing business in a foreign jurisdiction. This study analyses a particular strategy using tax treaties known as "treaty shopping." This paper will argue that treaty shopping constitutes an abuse of the tax treaty regime. However, this study rejects the traditional arguments against treaty shopping and proposes a different basis to challenge the legitimacy of this practice and to explain why this strategy constitutes an improper use of tax

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14

Ou, Jing. "The backlash against state's over-intervention in treaty- based investor-state arbitration proceedings-an examination of procedural transparency provisions in Canada-China bilateral investment treaty from Chinese persepctive." Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=123321.

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This thesis endeavors to explore the role the state should play in the process of promoting transparency in treaty-based investor-state arbitration from Chinese perspective. After introducing the concept of transparency and relevant arbitration rules in UNCITRAL Rules, the ICSID Convention, NAFTA and the Model BITs of Canada and the U.S., this thesis explains why investment treaty arbitration requires transparency from the perspectives of civil society, investors and international dispute resolution institutions. It then reviews how the transparency rules have been applied and transformed in i

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15

Sinclair, Amy Laura. "Human settlement of Mars in the context of the Outer Space Treaty 1967." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29855.

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This mini-dissertation asks whether international law permits the human settlement of Mars. The paper is inspired by the public goal of aerospace entrepreneur and futurist Elon Musk to transport human crew to Mars within 10 years. His company SpaceX, as well as other key players in the global aerospace industry, are rapidly developing the technological capacity and business case for the exploitation of off-world resources. Human settlement of Mars is no longer confined to the realm of science fiction. It raises questions of international law that, until very recently, were dismissed as fantast

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16

Seymour, Sezaneh Momeni. "What Factors are Associated with Multilateral Environmental Agreement Noncompliance, and can Agreement Provisions be Designed to Mitigate them?" Diss., Virginia Tech, 2020. http://hdl.handle.net/10919/104987.

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This research contributes to gaps in the international relations and international law literature on compliance by engaging practitioners with multilateral environmental agreement (MEA) expertise to answer two questions: 1) what factors are associated with MEA noncompliance; and 2) is there a relationship between the design of MEA provisions and compliance with those provisions. Practitioners overwhelmingly associate MEA noncompliance with insufficient domestic interagency consultation early in the lifecycle of a multilateral environmental agreement, particularly during its negotiation. Th

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17

Weiß, Norman. "Einführung in "UN-Non-Treaty Procedures" Menschenrechtsschutzverfahren der Vereinten Nationen, die nicht auf Verträgen basieren." Universität Potsdam, 1997. http://opus.kobv.de/ubp/volltexte/2010/4325/.

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Inhaltsübersicht I. Überblick II. Das 1235er und das 1503er Verfahren 1) Entwicklung 2) Resolution 1235 3) Resolution 1503 a) Zielsetzung b) Voraussetzungen c) Ablauf d) Bewertung III. Thematische Mechanismen 1) Überblick 2) Arbeitsweise der thematischen Mechanismen

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18

Supapa, Rattapong. "The protection of upstream energy contracts under investment treaty arbitration : a study of the interaction between contract and treaty instruments." Thesis, University of Aberdeen, 2014. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=225686.

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This thesis analyses how and to what extent the contractual and treaty instruments interact in protecting upstream energy contracts against political interference by the host state. The study considers whether the interaction between the upstream contracts and international investment treaties provide effective protection for the upstream investors and whether the interaction between them prevents the host state from exercising its regulatory rights. By examining both jurisdictional and substantive aspects of the interaction between these two instruments, the study found that political risks i

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19

Van, Wijk-Nieupoort Jacoba Maria. "The application of articles 85 and 86 of the EC Treaty by national courts." Thesis, University College London (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.299770.

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20

Ogutu, Benard. "Is Sovereign Immunity the Achilles Heel in Enforcement of Investment Treaty Awards Against States?" Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384828.

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21

Vermette, D'Arcy G. "Beyond Doctrines of Dominance: Conceptualizing a Path to Legal Recognition and Affirmation of the Manitoba Métis Treaty." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23138.

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In 1869-70 the Métis of the Red River region in Manitoba resisted the transfer of their homeland from the Hudson’s Bay Company to Canada. The Métis people responded to this transfer by blocking Canadian surveyors, government officials, and taking control of the territory through the establishment of representative institutions. Eventually, the Métis negotiated favourable terms with Ottawa which, this thesis argues, represented according to law, and to the Métis, a treaty. This thesis argues that this treaty was intended to protect the Métis homeland and provide political and social protections

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22

Ayres, Hernandes Maria Clara. "Security for Costs in The ICSID System : The Schrödinger's Cat of Investment Treaty Arbitration." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384806.

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23

Lebero, Richard Karugarama. "The international law framework for foreign investment protection : an analysis of African treaty practice." Thesis, University of Glasgow, 2012. http://theses.gla.ac.uk/3833/.

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Traditionally, African states have played an active and relevant role in the formulation and development of international investment law. Generally, the contribution of African states is demonstrated through the active participation of African states in deliberations of the Non-Aligned Movement, the role of African states in the creation of specialized institutions such as UNCTAD and the strategic use of numerical strength by African states to sponsor numerous United Nations Resolutions. During the epitome of Africa’s active participation, African states aggressively resisted the international

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24

Nowak, Lucja Magdalena. "Exploring the limits of the concept of legitimate expectations in investment treaty law : a study in comparative law and the development of international law." Thesis, SOAS, University of London, 2015. http://eprints.soas.ac.uk/20373/.

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This thesis aims to identify more clearly the rationale, the constituent elements and the methodology of the concept of legitimate expectations in the field of investment treaty law. It addresses the problems associated with the concept's development in the application of the standards of fair and equitable treatment and indirect expropriation. The thesis adopts a comparative perspective. More developed legal regimes have been referring to legitimate expectations and to a similar concept of investment- backed expectations. Their experiences can assist in addressing questions about the concept'

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25

Schulz, Sebastian. "Anne F. Bayefsky: How to Complain to the UN Human Rights Treaty System / [rezensiert von] Sebastian Schulz." Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5567/.

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26

Sfaelos, Panagiotis. "The emergence of a new EU immigration and asylum law after the Amsterdam treaty." Thesis, University of Kent, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.413272.

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27

Beham, Markus. "Doctrinal Illusion and State Interest : an Analysis of 'Non-Treaty' Law for 'Moral Concepts'." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100078.

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La question principale de la présente thèse est celle de l’existence de « concepts moraux » – concepts poursuivant des fins altruistes plutôt qu’intéressées – en tant que droit non conventionnel, c’est à dire en tant que droit international coutumier ou principes généraux du droit. La question sera examinée en particulier dans le contexte du discours doctrinal afin de questionner le phénomène du constat trop rapide de leur existence.Le raisonnement se décline en trois étapes. Une série de questions préliminaires relatives à la Charte de l’ONU seront tout d’abord énoncées, elles serviront de ca

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28

Котенко, А. М. "Договірні відносини як предмет фінансово-правового регулювання". Thesis, Українська академія банківської справи Національного банку України, 2009. http://essuir.sumdu.edu.ua/handle/123456789/61061.

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Договірна конструкція правовідносин, що донедавна була характерна тільки для галузей права з диспозитивним методом правового регулювання, знайшла своє відображення у публічних галузях права, зокрема фінансовому. Усі договори у фінансовому праві можна класифікувати на нормативні та індивідуально-правові.

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29

Chung, Chan-Mo. "The application of EC competition law to public enterprises : Article 90 of the Treaty of Rome." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.241291.

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30

Pandya, Abhijit P. G. "Interpretations and coherence of the fair and equitable treatment standard in investment treaty arbitration." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/338/.

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The fundamental aims of this thesis is to demonstrate problems regarding key forms of liability formulated under the Fair and Equitable Treatment Standard (‘FET’ hereinafter). These are problems that are likely to occur for developing countries who are attempting to prevent future breaches of the same type illustrated in the current jurisprudence, through developing appropriate responses. Principal Propositions: This thesis will propose the following regarding the FET standard: 1. The FET standard has been used to create rules. 2. The rules created under the FET standard operate on state insti

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31

Zhu, Feng. "EU energy policy after the Treaty of Lisbon : breakthroughs, interfaces and opportunity." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580185.

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32

Baltag, Crina Mihaela. "Jurisdictional limits of the Energy Charter Treaty and its interplay with related treaties and arbitration rules : the notion of investor." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8415.

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The boom of bilateral investment treaties and trade agreements came with an increasing number of disputes between investors and states related to actions and omissions of states in respect of the protection of investors and their investments. These instruments made a significant contribution to the development and implementation of an economic and legal framework for the promotion and safeguard of investors and investments. They also played an important part in and improved the access of investors to dispute resolution mechanisms – and, in particular, to arbitration – for the protection of the

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33

Reed, Daniel Simon. "Private enforcement of Art 101 and 102 of the Treaty on the Functioning of the European Union." Thesis, University of Southampton, 2015. https://eprints.soton.ac.uk/374897/.

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Traditionally, the enforcement of competition rules in Europe has been predominantly via public enforcement. Following the European Court of Justice’s ruling in 2001 in which was established the right for compensation of harms suffered by any victim of antitrust infringements, the European Commission has made proposals to create a private antitrust enforcement regime. While compensation of victims is the first and foremost guiding principle, the regime thus created, should, according to the Commission, also deliver overall better compliance with competition rules whilst creating and sustaining

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34

CANALES, MUÑOZ ADOLFO. "The Evolution of Transparency in Investment Treaty: Is Confidentiality Death? : An ICSID Perspective." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-352231.

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The International Centre for Settlement of Investment Disputes (ICSID), has seen an increased transparency in the past couple of decades. The participation of third parties in the proceedings and the disclosure of documents or information regarding the arbitrations are some of the most important and controversial issues regarding transparency nowadays. The purpose of this thesis is to analyze the evolution of transparency in ICSID, as well as specific cases that dealt with issues of third party participation and the disclosure of documents or information in investment treaty arbitration, and a

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35

di, Bella Danilo. "Potential application of the Energy Charter Treaty to a hydrocarbon matter in Italy : Advocating an FET violation." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-322112.

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36

MacLean, M. Catherine. "The demise of the political offence exception in extradition law international documents, statutory case law and the Canada-India extradition treaty." Thesis, University of Ottawa (Canada), 1995. http://hdl.handle.net/10393/10450.

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Extradition is one legal procedure which can and has been utilized to combat terrorism. The political offence exception (p.o.e.) is an accepted legal doctrine which is a part of extradition law. This thesis examines the trend toward the limiting of the p.o.e. doctrine in the context of efforts to combat international terrorism. In other words, this thesis examines the trend to view acts of terrorism as strictly common crime and no longer regard them as legitimated political crime. The trend to limit the p.o.e. is illustrated through an analysis of international conventions, treaties and relate

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37

Salehi, Meysam. "Investment Treaty Arbitration as a Public and Unilateral Dispute Settlement : A redefinition of the autonomy of disputing parties and arbitral tribunals in the process of investment treaty arbitration." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412159.

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Over the last decade, investment treaty arbitration has been confronted with relatively extensive and fundamental criticisms. The problem with the system in fact boils down to a misconception by tribunals of the nature of investment treaty arbitration. Many scholars and tribunals have perceived and treated investment treaty arbitration as a reciprocal arrangement with a private function. This is so mainly because of the way they formulate the establishment of investment treaty arbitration. To put it simply, it has been though that investment treaty arbitration, similar to international commerc

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38

Esan, Adenike Oluwatoyin. "Stability guarantees in investment treaty arbitration : a question of balancing competing rights." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=239415.

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39

Gatsinzi, Philip. "Implementing the African Economic Community Treaty: The Role of Regional Economic Communities in Africa's Trade and Market Integration." Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/4619.

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40

Hulme, Karen Lesley. "An assessment of the protection of the environment from harm caused as a result of armed conflict." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369371.

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41

Mamani, Sanabria Israel. "Blockchain: An alternative approach for recognition and enforcement of Investment Treaty Arbitration awards." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443526.

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An issue in investment treaty arbitration is the extreme effort needed to obtain recognition and enforcement of an arbitral award. Even though the 1958 New York Convention was signed to simplify the process of recognition and enforcement of a foreign arbitral award, in the new digital world, the recognition and enforceability risks of authenticating an investment treaty arbitral award need to be reconsidered. Ultimately, it is the enforceability of the award that gives credence to the entire arbitration process and justifies the costs and time that the parties of a dispute have invested in the

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42

Söderman, Martin. "India's 2016 Model Bilateral Investment Treaty : A backlash to the Calvo doctrine and legal nationalism?" Thesis, Stockholms universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-183512.

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43

Devaney, Margaret. "The remedies stage of the investment treaty arbitration process : a public interest perspective." Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8928.

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As the investment treaty arbitration regime matures, consensus is emerging as to the need for public interest considerations to be taken into account in resolving disputes under international investment agreements (IIAs). However, the question of how such considerations should be reflected remains contentious. This thesis proposes that the remedies stage of the process can, and should, play a role in taking account of public interest considerations and so in easing the tension between host state regulatory sovereignty and investment protection that lies at the heart of the investment treaty re

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44

Lista, Andrea. "The application of Article 101 of the Treaty of Lisbon to forms of horizontal collaboration in the Financial Services Sector." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8558.

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Since the dawn of the European Union, insurance and banking undertakings claimed to be subject to a special status vis-à-vis the application of EU competition law, due to the quasi social nature of the services they provide. Within the financial services industry, anti-trust concerns do arise in relation to mergers and acquisitions, possible abuses of dominant position and state aid; however Art. 101 TFEU and the regulation of forms of co-operation arguably represent the paramount and most intricate aspects of the application of the EU competition rules to the financial services sector. This i

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45

Van, Wiele Bram. "The ratification and implementation of the Marrakesh Treaty: a look at the future of South African Copyright Law." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13038.

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Includes bibliographical references.<br>This dissertation will analyse South African copyright law and its ability to facilitate blind, visually impaired, or otherwise print disabled people. The Marrakesh Treaty intends to promote the making and distribution of copies of, among others, books in formats accessible to visually impaired persons. South Africa did not sign this Treaty yet, intends to sign and ratify this Treaty in the future. This dissertation will analyse the current South African copyright law and policy related to visually impaired persons. To gain insight, this work will also a

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46

Andersson, Sara. "CFC rules and double tax treaties : The OECD an UN model tax conventions." Thesis, Jönköping University, Jönköping International Business School, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-581.

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47

Didenko, Anton. "Challenges to effective treaty-making in contemporary transnational commercial law : lessons from the Cape Town Convention." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:a7574e4c-6c4a-4855-9dc4-0c689b32c936.

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This thesis is the first detailed and comprehensive research of the history of the 2001 Convention on International Interests in Mobile Equipment (the 'Convention' or 'CTC') and its protocols. It is submitted that the quality of response to the various challenges of the treaty-making process can serve as a measure of a convention's success, and that the unique characteristics of the CTC make it a prime target for such research. The author identifies and analyses the most problematic issues in the process of development of the Convention and its protocols, including the latest draft protocol on

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48

Zwanenburg, Marten Coenraad. "Accountability under international humanitarian law for United Nations and North Atlantic Treaty Organization peace support operations /." Leiden : E.M. Meijers Instituut, 2004. http://catalogue.bnf.fr/ark:/12148/cb402332628.

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49

Perna, L. "The evolution, formation and development of the treaty rules applicable in non-international armed conflicts." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364510.

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50

Sattorova, Mavluda. "From expropriation to non-expropriatory standards of treatment : towards a unified concept of an investment treaty breach." Thesis, University of Birmingham, 2011. http://etheses.bham.ac.uk//id/eprint/1768/.

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The principal objective of this thesis is to examine the scope of investment treaty protection against the host state’s interference with foreign investment, and to identify the frontiers of state responsibility under international investment agreements in light of the decline of expropriation and the rise of non-expropriatory standards of treatment, including the standard of national treatment, fair and equitable treatment and umbrella clauses. In making a foray into the stormy relationship between the protection of foreign investment and the host state’s freedom to intervene in the marketpla

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