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Journal articles on the topic 'Treaty law'

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1

DEMIRKOL, BERK. "Non-treaty Claims in Investment Treaty Arbitration." Leiden Journal of International Law 31, no. 1 (2017): 59–91. http://dx.doi.org/10.1017/s092215651700053x.

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AbstractThis article explores the conditions under which it is possible to bring claims based on non-international investment agreement (IIA) norms of international law in investment treaty arbitration. For that purpose, it analyzes in the first instance broad dispute settlement clauses incorporated in IIAs that make reference to the settlement of ‘any investment dispute’. Such clauses grant jurisdiction to investment treaty tribunals to hear non-IIA claims. However, at least two additional conditions need to be satisfied for the investor to bring a self-standing claim based on a non-IIA norm
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2

Dina Paramitha Hefni Putri. "Treaty Law Agreement International in National Law." International Journal of Educational Research Excellence (IJERE) 2, no. 2 (2023): 519–23. http://dx.doi.org/10.55299/ijere.v2i2.694.

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Source: Many formal laws are used by judges to decide a case. What just? The answer is that there are five sources of formal law that can be used by judges, i.e., laws, customs, treaties, jurisprudence, and doctrine. Usually, the judge decides a case based on laws, agreements, international law, and jurisprudence. If it turns out no, there is a source; that's what can be done to give an answer about the law, then searching for the opinions of scholars or knowledge of the law Knowledge law is source law, but no law like the Constitution has strength binding. So, you can just say that source law
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3

Shulman, Seth. "International treaty made domestic law." Nature 345, no. 6272 (1990): 192. http://dx.doi.org/10.1038/345192c0.

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4

Choi Cheol-young. "Korean Peace Treaty: Lessons from Peace Treaty in International Law." Democratic Legal Studies ll, no. 35 (2007): 147–74. http://dx.doi.org/10.15756/dls.2007..35.147.

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5

McCall-Smith, Kasey. "Treaty Bodies." International Community Law Review 21, no. 3-4 (2019): 344–68. http://dx.doi.org/10.1163/18719732-12341406.

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Abstract This article contributes to existing understandings about the influence of human rights treaty bodies on the development of customary international law. It offers a method of assessing State responses to treaty body jurisprudence for the purposes of determining to what extent the responses push toward the reaffirmation or crystallisation of a customary rule of international law, namely the prohibition against torture. It speaks to the way in which, despite its status as a peremptory norm, the content of the norm is often challenged, but also incrementally expanding due in large part t
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Okladnaya, Marina, and Anastasia Pererodova. "Stages of the formation of treaty law in the history of international law." Law and innovations, no. 2 (34) (June 18, 2021): 90–95. http://dx.doi.org/10.37772/2518-1718-2021-2(34)-11.

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Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have i
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Brown, Tenille E. "Anishinaabe Law at the Margins: Treaty Law in Northern Ontario, Canada, as Colonial Expansion." Social Inclusion 11, no. 2 (2023): 177–86. http://dx.doi.org/10.17645/si.v11i2.6497.

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In 1850, 17 years before the Dominion of Canada was created, colonial officers in representation of Her Majesty the Queen, concluded Treaty Numbers 60 and 61 with the Anishinaabe Nation of Northern Ontario. The Robinson Treaties—so named after William Benjamin Robinson, a government official—include land cessions made by the Anishinaabe communities in return for ongoing financial support and protection of hunting rights. The land areas included in the treaty are vast territories that surround two of Canada’s great lakes: Lake Superior and Lake Huron. These lands were important for colonial exp
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8

Züger, Mario. "Conflict Resolution in Tax Treaty Law." Intertax 30, Issue 10 (2002): 342–55. http://dx.doi.org/10.54648/5105715.

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9

Schuck, Josef. "EC law requires multilateral tax treaty." EC Tax Review 7, Issue 1 (1998): 29–37. http://dx.doi.org/10.54648/ecta1998004.

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10

Jr, Thomas Graham. "Law, Politics, and the ABM Treaty." Comparative Strategy 20, no. 2 (2001): 197–201. http://dx.doi.org/10.1080/014959301313161292.

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11

Dawood, Hamzah Adesola. "In Diplomatic Banquet of Treaty." American Journal of Islam and Society 29, no. 1 (2012): 30–59. http://dx.doi.org/10.35632/ajis.v29i1.327.

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The importance of treaties in international relations cannot be overemphasized especially now that the contemporary world has radically changed to a global village’. It has been observed as far back as 1960s that “modern international law can hold the allegiance of the world at large only by establishing its claim to continuing acceptance as a synthesis of the legal thought of widely varying tradition and culture.”1including Islamic law. Hugo Grotius drew most of his ideas of modern international law from the Bible and from the St. Augustine’s just war theory. It is not surprising, therefore,
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12

Dawood, Hamzah Adesola. "In Diplomatic Banquet of Treaty." American Journal of Islamic Social Sciences 29, no. 1 (2012): 30–59. http://dx.doi.org/10.35632/ajiss.v29i1.327.

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The importance of treaties in international relations cannot be overemphasized especially now that the contemporary world has radically changed to a global village’. It has been observed as far back as 1960s that “modern international law can hold the allegiance of the world at large only by establishing its claim to continuing acceptance as a synthesis of the legal thought of widely varying tradition and culture.”1including Islamic law. Hugo Grotius drew most of his ideas of modern international law from the Bible and from the St. Augustine’s just war theory. It is not surprising, therefore,
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13

Alstine, Michael P. Van. "Dynamic Treaty Interpretation." University of Pennsylvania Law Review 146, no. 3 (1998): 687. http://dx.doi.org/10.2307/3312609.

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14

McLachlan, Campbell. "INVESTMENT TREATIES AND GENERAL INTERNATIONAL LAW." International and Comparative Law Quarterly 57, no. 2 (2008): 361–401. http://dx.doi.org/10.1017/s0020589308000225.

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AbstractThe huge rise in the settlement of investment disputes by treaty has provoked an underlying question of great practical and theoretical importance: the relationship between the substantive standards protected in such treaties and general international law. This paper argues that the relationship is symbiotic: custom informing the content of the treay right; and State practice under investment treaties contributing to the development of general international law. It is the structured process of treaty interpretation which determines when and how reference to general international law ma
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15

Jamshid, Ismoilovich Safarov. "DETERMINING INVALIDITY OF TREATIES IN INTERNATIONAL LAW DOCTRINE." Results of National Scientific Research International Journal 3, no. 9 (2024): 108–14. https://doi.org/10.5281/zenodo.13895325.

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The validity of a treaty is a paramount aspect that determines the legally binding nature of an international instrument. A treaty is considered valid if it meets the necessary requirements of international law, such as the voluntary consent of the parties involved, the capacity of the parties to enter into a treaty, and the observance of the principles of international law. The validity of a treaty is essential in ensuring that the parties involved adhere to the terms of the treaty and that the treaty is enforceable and recognized by the international community. Thus, the validity of a treaty
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16

Crampin, Joseph. "Treaty withdrawal and recalcitrant States." Cambridge International Law Journal 9, no. 2 (2020): 225–40. http://dx.doi.org/10.4337/cilj.2020.02.06.

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The recent prevalence of high-profile unilateral treaty withdrawals raises broader questions over trust in treaty-making. Given the foundational importance of trust in treaties to international law, these withdrawals present risks to the international legal order generally. The issue for international law is how it can regulate treaty withdrawal in a way that preserves trust in the international legal system. The problem of trust is twofold. If international law adopts too permissive a stance towards unilateral withdrawal, then this will undermine trust in the binding force of treaties: pacta
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17

Michalska, Anna. "The Autonomy of Treaty Terms." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 10 (September 15, 2019): 321–33. http://dx.doi.org/10.14746/ppuam.2019.10.12.

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The paper is an English translation of Autonomiczność pojęć traktatowych by Anna Michalska published originally in Polish in “Toruński Rocznik Praw Człowieka i Pokoju” in 1993. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.
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18

Atagher, Luter. "Beyond Multilateral Treaty Reforms." McGill GLSA Research Series 2, no. 1 (2022): 19. http://dx.doi.org/10.26443/glsars.v2i1.186.

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International trade law is primarily concerned with facilitating the flow of goods and services across national borders by minimizing tariff and non-tariff barriers to trade. However, there is a nexus between international trade and the environment. First, international trade is reckoned to have destructive environmental effects. The liberalization of global trade results in increased economic activity, including industrial processes, manufacturing, innovation of new technology, and extraction of natural resources from the earth and the sea, which inevitably results in environmental externalit
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19

Bennion, Tom. "Treaty-Making in the Pacific in the Nineteenth Century and the Treaty of Waitangi." Victoria University of Wellington Law Review 35, no. 1 (2004): 165. http://dx.doi.org/10.26686/vuwlr.v35i1.5631.

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This paper discusses the history of treaty-making between Pacific island nations and European powers during the nineteenth century in order to assess the validity of the Treaty of Waitangi at international law. The author also draws some brief comparisons with treaty-making in Africa. The particular focus of the paper is an assessment of how the colonial powers would have viewed a document such as the Treaty. The conclusion of the paper is that the signatories would have presumed that the Treaty would have serious effect, and would be binding in international law.Editor’s note: This paper was
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20

Guliyev, Khagani. "Local Custom in International Law." International Community Law Review 19, no. 1 (2017): 47–67. http://dx.doi.org/10.1163/18719732-12341347.

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The present paper examines the particular difficulties observed in the formation, identification and continuity of local custom in the light of the interaction that exists between it and two main sources of international law: general custom and treaty. The article firstly argues that, although local custom presents certain features and faces specific difficulties that distinguishes it from both general custom and treaty, it generally follows the “custom logic” in its formation and identification, as both local and general customs are made from the same “ingredients”: practice and opinio juris.
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21

de Hosson, Fred C. "A Remarkable Treaty." Intertax 21, Issue 4/5 (1993): 164. http://dx.doi.org/10.54648/taxi1993026.

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22

Levitchi, Simion. "Some Considerations Concerning Riyadh Design Law Treaty." Intellectus, no. 1 (July 2025): 6–12. https://doi.org/10.56329/1810-7087.25.1.01.

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The paper reflects the actions taken by the Member states of the World Intellectual Property Organization (WIPO) within the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT), including the Special Session of the SCT, the Preparatory Committee and the Diplomatic Conference for the Adoption of the Design Law Treaty (DLT). It presents an analysis of the benefits resulting from the Riyadh Design Law Treaty.
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23

Devgun, Derek. "Using capital transfer tax treaty relief: The interaction of treaty and domestic law." Liverpool Law Review 16, no. 2 (1994): 133–50. http://dx.doi.org/10.1007/bf01079810.

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24

Trachtman, Joel P. "Reports of the Death of Treaty Are Premature, but Customary International Law May Have Outlived Its Usefulness." AJIL Unbound 108 (2014): 36–40. http://dx.doi.org/10.1017/s2398772300001811.

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Legal rules come and go. Methods of producing law may also flow and ebb. The authors of the call for papers in connection with this online Agora suggest that there is possible evidence that treaty as a method of producing international law is ebbing, and may be dying. I see no such evidence at present; rather, I argue here that the dying source of international law is not treaty but custom. In the more distant future, however, treaty, too, may become obsolete or at least less salient.There are four categories of tools of international social cooperation: (i) international law produced through
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25

Schill, Stephan W. "Illegal Investments in Investment Treaty Arbitration." Law & Practice of International Courts and Tribunals 11, no. 2 (2012): 281–323. http://dx.doi.org/10.1163/157180312x640697.

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Abstract Investment treaty tribunals on numerous occasions have had to deal with the impact of breaches of domestic law by a foreign investor on the investment’s protection under an international investment treaty. In this context, tribunals had to interpret different “in accordance with host State law”-clauses contained in investment treaties, but also dealt with the effect of illegality in the absence of such clauses. The present article traces this increasingly complex jurisprudence and frames it as an issue of the relationship between domestic law and international investment law. Although
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26

Sofaer, Abraham D. "Treaty Interpretation: A Comment." University of Pennsylvania Law Review 137, no. 5 (1989): 1437. http://dx.doi.org/10.2307/3312230.

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27

Gill, Judith. "12. Investment Treaty Arbitration." European Business Law Review 17, Issue 2 (2006): 417–22. http://dx.doi.org/10.54648/eulr2006041.

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28

Ott, David H. "International law and the Antarctic Treaty System." International Affairs 69, no. 3 (1993): 573. http://dx.doi.org/10.2307/2622351.

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29

Bonczkowski, Michał. "Treaty Freedoms and the Principles of Law." Krytyka Prawa 10, no. 4 (2018): 29–47. http://dx.doi.org/10.7206/kp.2080-1084.250.

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30

Temple Lang, John. "Community Constitutional Law: Article 5 EEC Treaty." Common Market Law Review 27, Issue 4 (1990): 645–81. http://dx.doi.org/10.54648/cola1990042.

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31

HILEMAN, BETTE. "U.S. signs controversial Law of Sea treaty." Chemical & Engineering News 72, no. 33 (1994): 32. http://dx.doi.org/10.1021/cen-v072n033.p032.

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32

FISHER, LOUIS. "The Law Treaty Negotiation: A Presidential Monopoly?" Presidential Studies Quarterly 38, no. 1 (2008): 144–58. http://dx.doi.org/10.1111/j.1741-5705.2007.02633.x.

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33

Poulsen, Martin. "Treaty/Directive Shopping and Abuse of EU Law." Intertax 41, Issue 4 (2013): 230–51. http://dx.doi.org/10.54648/taxi2013020.

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The article focuses on anti-abuse legislation aimed at treaty/directive shopping where non-EU nationals seek to rely on intermediate companies established in Member States with favourable tax regimes in order to repatriate dividend, interest and royalty from the EU without levy of source state withholding taxes. It is concluded that the EU law concept of abuse constitutes an important benchmark in terms of defining situations in which Member States are legitimately allowed to deny access to treaty/directive benefits. Further analyses of the case law on abuse within both tax and non-tax areas o
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Miles, Kate. "Visuality of a treaty: reflection on Versailles." London Review of International Law 8, no. 1 (2020): 7–41. http://dx.doi.org/10.1093/lril/lraa009.

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Abstract This article revisits one moment in international law through the prism of visual culture, analysing paintings, photographs and political cartoons of the signing of the Treaty of Versailles. It considers the historical representation of treaty-making, narratives of international law as beneficent universal regulator and spectacle, and the projection of ‘successful’ international law through image. It reflects on photographs that capture working, ‘behind-the-scenes’ moments and portrayals of a more agitated, restless visual international law. And it explores the idea that visuality con
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Ranti Parwari, Ramiati. "PENDAFTARAN MEREK MELALUI MEREK DAGANG DI DALAM HUKUM PERJANJIAN (Trademark Law Treaty)." Justici 14, no. 2 (2021): 58–65. https://doi.org/10.35449/justici.v14i2.408.

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With the increasing development in these various aspects, developed countries and developing countries will continue to run well. Considering the technology - technology and products created are the work of human intellectuals which are of course useful and have economic value, the term Intellectual Property Rights (HAKI) is born, which is the right to property that is born due to human intellectual abilities. The Trademark Law Treaty determines which marks are registered and the procedure for applying them in the Indonesian National Law. Seeing from the description above, the author is intere
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Maryniv, Ivanna, and Dmytro Averbakh. "Retroactivity in the law of treaties." Law and innovations, no. 4 (44) (December 17, 2023): 21–26. http://dx.doi.org/10.37772/2518-1718-2023-4(44)-3.

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Problem setting. One of the most ambiguous issues in the law of treaties is retroactivity of international treaties. The principle of non-retroactivity of legal norms is recognized both in national legal systems and in international law. This principle is codified in the Vienna Convention on the Law of Treaties, which states that a treaty, unless a different intention appears from the treaty or is otherwise established, does not have retroactive effect. The dispositive nature of this norm causes difficulties, which makes it necessary to study this issue in order to determine the prerequisites
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Boudesteijn, Maarten, and Dirk van Unnik. "The New US-Dutch Tax Treaty and The Treaty of Rome." EC Tax Review 2, Issue 2 (1993): 106–15. http://dx.doi.org/10.54648/ecta1993012.

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38

Nash, Marian. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 87, no. 2 (1993): 258–81. http://dx.doi.org/10.2307/2203820.

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On January 15, 1993, President George Bush transmitted to the Senate for advice and consent to ratification the Treaty Between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms (the START II Treaty), signed at Moscow on January 3, 1993. In his letter of transmittal, President Bush discussed the importance of the Treaty, in major part as follows:The START II Treaty is a milestone in the continuing effort by the United States and the Russian Federation to address the threat posed by strategic offensive nuclear weapons, especia
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Guder, Lamessa Gudeta. "THE NATURE OF EVOLUTIVE TREATY INTERPRETATION: DOES EVOLUTIVE TREATY INTERPRETATION OPERATING UNDER VCLT?" Journal of Asian and African Social Science and Humanities 8, no. 2 (2022): 83–89. http://dx.doi.org/10.55327/jaash.v8i2.263.

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Treaty is not static, evolutively interpreted. Interpretation as it seems has always had a prominent and contentious place in international adjudication, and its application has been further enhanced for a century. The significance attached to the interpretation of treaties cannot be overemphasized, because it is of great importance that only the intent of a treaty is activated. The Vienna Convention on the Law of Treaties has been applied towards the interpretation of treaties. This treaty covers the issue of interpretation and the various methods which shall be applied during adjudication wi
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40

bell, maria. "international law and treaties: biall pre-conference seminar 2005." Legal Information Management 5, no. 3 (2005): 172–75. http://dx.doi.org/10.1017/s1472669605000770.

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international law and treaties was this year's theme at the seminar in harrogate. maria bell reports on two of the papers. professor anthony aust gave the opening paper on the basics of international law and the treaty framework. paul barnett and nevil hagon of the foreign and commonwealth office treaty section presented an overview of their work in maintaining treaty records and in advising on treaty procedures and processes.
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41

Papier, Hans Jürgen. "The Lisbon Treaty: The Irish ‘No’.: Europe's New Realism: The Treaty of Lisbon." European Constitutional Law Review 4, no. 3 (2008): 421–28. http://dx.doi.org/10.1017/s1574019608004215.

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Institutional reforms – The principle of democracy: the European Parliament and the national parliaments – Bypassing unpleasant national debates by taking the European route – Reinforcement of protection of the subsidiarity principle: most valuable reform – Doubts on the effectiveness – Crucial weakness: creeping transfers of competences still possible
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42

Brumby, Elizabeth. "The Effect of Treaty Withdrawal on Implementing Legislation." Federal Law Review 47, no. 3 (2019): 390–419. http://dx.doi.org/10.1177/0067205x19856502.

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This article explores the effect of treaty withdrawal on domestic legislation implementing a treaty in the Australian constitutional context. In R (Miller) v Secretary of State for Exiting the European Union (‘ Miller’), the Supreme Court of the United Kingdom held that the executive cannot exercise its prerogative power to withdraw from a treaty where that withdrawal would frustrate or invalidate domestic law. This article contends that treaty withdrawal would be unlikely to have this effect on a law implementing a treaty in the Australian context. The article ultimately draws two conclusions
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43

Arribas, Gloria Fernández. "Rethinking International Institutionalisation through Treaty Organs." International Organizations Law Review 17, no. 2 (2020): 457–83. http://dx.doi.org/10.1163/15723747-2019012.

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Treaty organs constitute a new system of international cooperation. The lack of definition and regulation for these new entities and their particularities deserves in-depth analysis due to its proliferation, especially in the area of international environmental law. This article will analyse the establishment of treaty organs and will seek a definition that allows them to be differentiated from international organizations. It will give attention to the concept of a set of organs and legal personality to determine the differences between international organizations and treaty organs. Finally, t
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44

Romanova, E. E. "“WTO Law”: Interconnection with International Law." Actual Problems of Russian Law 17, no. 4 (2022): 115–24. http://dx.doi.org/10.17803/1994-1471.2022.137.4.115-124.

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Regulation of trade relations is a complex process that is getting more complicated year by year. The evolution of such relations led to the idea of creating a specialized institution, namely the World Trade Organization. The Marrakesh Agreement created a truly international organization, that is, as defined by the International Law Commission in its draft articles on the responsibility of international organizations, an organization established by a treaty or other instrument governed by international law and having its own international legal personality. Specialists in the field of internat
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45

Chukwu, Ruwhuoma. "A REVIEW OF INTERNATIONAL LAW AND TREATY RELATIONSHIP IN INTERNATIONAL RELATIONS." International Journal of Comparative Studies in International Relations and Development 8, no. 1 (2022): 92–104. http://dx.doi.org/10.48028/iiprds/ijcsird.v8.i1.09.

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This work reviewed the reality of treaty relationship in International relations. As a notable tool in organization and community, law has directed and regulated relation among states especially in their pursuit of interests’ in the International arena. International law has been the rules put in place to guide these relationships. It is International law that has continued to set out principles and frame works that moderates and harmonizes State interests. International law is likened to customary law because it is a product of the conscience of State as there is a general repetition of simil
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Pereira, Roberto Codorniz Leite. "Case Law Note: The Brazilian Case Law on the Single Tax Principle: A Case of Tax Treaty Override." Intertax 50, Issue 3 (2022): 265–76. http://dx.doi.org/10.54648/taxi2022022.

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This article analyses the recent decision handed down by the Brazilian High Court of Appeals whereby the single tax principle and the abuse of law principle were applied in order to ultimately deny treaty benefits in the context of double tax conventions that provided for neither the entitlement to benefits clause nor the updated terminology of the title and preamble. Accordingly, since both principles could be deemed as general principles of law (therefore, part of the international law) comparable to double taxation conventions (DTC) provisions, lower level courts were allowed to condition t
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47

Israel, Brian. "Treaty Stasis." AJIL Unbound 108 (2014): 63–69. http://dx.doi.org/10.1017/s2398772300001860.

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We shouldn’t necessarily be concerned when international lawmaking is a victim of its own success. A trend in a given domain of international governance in which multilateral treaty-making gives way to bilateral and non-binding alternatives does not itself signal a decline in the influence or efficacy of international law. It may in fact be a normal symptom of a properly functioning international legal framework—as much a cause for celebration among international lawyers as for concern.I wish to offer some brief reflections on this Agora theme, The End of Treaties?, from the perspective of a l
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48

Mohd. Hisham Mohd. Kamal, Abdul Ghafur Hamid, Mohammad Naqib Ishan Jan, Muhamad Hassan Ahmad, and Mohd Yazid Zul Kepli. "HARMONISATION OF SHARI‘AH AND INTERNATIONAL LAW IN TREATY MAKING, TREATY RATIFICATION AND INTERNATIONAL NORM CREATION." IIUM Law Journal 32, no. 2 (2024): 33–58. https://doi.org/10.31436/iiumlj.v32i2.988.

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This article discusses the progress and achievements in harmonisation of Shari‘ah and international law in the processes of treaty making, treaty ratification and norm creation. This article focuses only on several treaties and declarations. Some of these instruments were drafted in the aftermath of World War II, and the other category is mainly international human rights law instruments. This research analyses the drafting history of the treaties and declarations while examining some of the provisions of the instruments in comparison with the position of the Shari‘ah, and determines the Musli
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49

Hong, Nong. "Weighing the Sources of International Law." Asia-Pacific Journal of Ocean Law and Policy 6, no. 2 (2021): 221–46. http://dx.doi.org/10.1163/24519391-06020004.

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Abstract There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and existing treaties and emerging treaties in the context of three regions which are featured with typical maritime related issues. In the Arctic region, the 1925 Svalbard Treaty and the 1982 United Nations Convention on the Law of the Sea (unclos) become the sources of conflicts or different legal posit
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50

Colomer, Claudio. "U.S.-Spain Tax Treaty." Intertax 20, Issue 4 (1992): 235–48. http://dx.doi.org/10.54648/taxi1992036.

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