The Principle of Systemic Integration in International Law

The Principle of Systemic Integration in International Law

Author: Campbell McLachlan KC

Publisher: Oxford University Press

Published: 2024-07-09

Total Pages: 529

ISBN-13: 0192645854

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International law has greatly expanded in reach and density over the past few decades and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed. The Principle of Systemic Integration in International Law fills this research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of states and international organizations in the framing of international instruments and their application. Building upon the framework he first pioneered in 2005 and the culmination of two decades of academic research and practical experience in international law, the author Campbell McLachlan KC closely examines legislative texts and cases to reflect on the principle's theoretical foundations and actual application in practice. The book argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions and between legal norms may be addressed. It explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties and, finally, analyses the operation of the principle in international courts and tribunals. The reasoning and larger questions presented by the book will bring fresh insights to researchers and practitioners undertaking any international law project.


Book Synopsis The Principle of Systemic Integration in International Law by : Campbell McLachlan KC

Download or read book The Principle of Systemic Integration in International Law written by Campbell McLachlan KC and published by Oxford University Press. This book was released on 2024-07-09 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has greatly expanded in reach and density over the past few decades and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed. The Principle of Systemic Integration in International Law fills this research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of states and international organizations in the framing of international instruments and their application. Building upon the framework he first pioneered in 2005 and the culmination of two decades of academic research and practical experience in international law, the author Campbell McLachlan KC closely examines legislative texts and cases to reflect on the principle's theoretical foundations and actual application in practice. The book argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions and between legal norms may be addressed. It explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties and, finally, analyses the operation of the principle in international courts and tribunals. The reasoning and larger questions presented by the book will bring fresh insights to researchers and practitioners undertaking any international law project.


The Principle of Systemic Integration

The Principle of Systemic Integration

Author: Gabriel Orellana Zabalza

Publisher: LIT Verlag Münster

Published: 2012

Total Pages: 389

ISBN-13: 3643902670

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This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)


Book Synopsis The Principle of Systemic Integration by : Gabriel Orellana Zabalza

Download or read book The Principle of Systemic Integration written by Gabriel Orellana Zabalza and published by LIT Verlag Münster. This book was released on 2012 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)


Article 31(3)(c) VCLT and the Principle of Systemic Integration

Article 31(3)(c) VCLT and the Principle of Systemic Integration

Author: Panos Merkouris

Publisher: BRILL

Published: 2015-06-24

Total Pages: 391

ISBN-13: 9004230432

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In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.


Book Synopsis Article 31(3)(c) VCLT and the Principle of Systemic Integration by : Panos Merkouris

Download or read book Article 31(3)(c) VCLT and the Principle of Systemic Integration written by Panos Merkouris and published by BRILL. This book was released on 2015-06-24 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.


Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International Investment Law and Arbitration

Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International Investment Law and Arbitration

Author: Daniel Rosentreter

Publisher: Nomos Verlag

Published: 2015-09-17

Total Pages: 512

ISBN-13: 3845262389

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Das Werk zeigt Wissenschaftlern und Praktikern am Beispiel der Diskriminierungsverbote, dem Verbot der rechtswidrigen Enteignung und dem Gebot der fairen und gerechten Behandlung Möglichkeiten auf, wie die wohl wichtigste Problematik des internationalen Investitionsschutzrechtes, der faire Interessenausgleich zwischen Investitionsschutzrechten und dem Regulierungsbedürfnis des Gaststaates, im Wege der harmonischen Vertragsinterpretation auf Grundlage des Artikel 31(3)(c) WVK und dem sogenannten "Prinzip der systematischer Integration" gelingen kann bzw. wo dieser Ansatz seine Grenzen hat. Dazu wird zunächst die Relevanz "systemfremder" Normen im Investitionsschutzrecht erläutert herausgearbeitet. Nach einer detaillierten Darstellung der oben genannten Interpretationsmethoden, werden vor allem die Ansätze in der Rechtsprechung auf Grundlage der verschiedensten Vertragsregime und Schiedsgerichtsbarkeiten analysiert.


Book Synopsis Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International Investment Law and Arbitration by : Daniel Rosentreter

Download or read book Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International Investment Law and Arbitration written by Daniel Rosentreter and published by Nomos Verlag. This book was released on 2015-09-17 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Werk zeigt Wissenschaftlern und Praktikern am Beispiel der Diskriminierungsverbote, dem Verbot der rechtswidrigen Enteignung und dem Gebot der fairen und gerechten Behandlung Möglichkeiten auf, wie die wohl wichtigste Problematik des internationalen Investitionsschutzrechtes, der faire Interessenausgleich zwischen Investitionsschutzrechten und dem Regulierungsbedürfnis des Gaststaates, im Wege der harmonischen Vertragsinterpretation auf Grundlage des Artikel 31(3)(c) WVK und dem sogenannten "Prinzip der systematischer Integration" gelingen kann bzw. wo dieser Ansatz seine Grenzen hat. Dazu wird zunächst die Relevanz "systemfremder" Normen im Investitionsschutzrecht erläutert herausgearbeitet. Nach einer detaillierten Darstellung der oben genannten Interpretationsmethoden, werden vor allem die Ansätze in der Rechtsprechung auf Grundlage der verschiedensten Vertragsregime und Schiedsgerichtsbarkeiten analysiert.


International Investment Law and Legal Theory

International Investment Law and Legal Theory

Author: Jörg Kammerhofer

Publisher: Cambridge University Press

Published: 2021-05-06

Total Pages: 391

ISBN-13: 1108839177

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A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.


Book Synopsis International Investment Law and Legal Theory by : Jörg Kammerhofer

Download or read book International Investment Law and Legal Theory written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2021-05-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.


International Law and the Protection of People at Sea

International Law and the Protection of People at Sea

Author: Irini Papanicolopulu

Publisher: Oxford University Press

Published: 2018-03-09

Total Pages: 288

ISBN-13: 0192506463

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Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.


Book Synopsis International Law and the Protection of People at Sea by : Irini Papanicolopulu

Download or read book International Law and the Protection of People at Sea written by Irini Papanicolopulu and published by Oxford University Press. This book was released on 2018-03-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.


The Oxford Handbook on the Sources of International Law

The Oxford Handbook on the Sources of International Law

Author: Samantha Besson

Publisher: Oxford University Press

Published: 2017

Total Pages: 1233

ISBN-13: 0198745362

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This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--


Book Synopsis The Oxford Handbook on the Sources of International Law by : Samantha Besson

Download or read book The Oxford Handbook on the Sources of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--


Fragmentation of International Law

Fragmentation of International Law

Author: United Nations. International Law Commission

Publisher:

Published: 2007

Total Pages: 306

ISBN-13: 9789521023378

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Book Synopsis Fragmentation of International Law by : United Nations. International Law Commission

Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Strategically Created Treaty Conflicts and the Politics of International Law

Strategically Created Treaty Conflicts and the Politics of International Law

Author: Surabhi Ranganathan

Publisher: Cambridge University Press

Published: 2014-12-18

Total Pages: 483

ISBN-13: 1107043301

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A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.


Book Synopsis Strategically Created Treaty Conflicts and the Politics of International Law by : Surabhi Ranganathan

Download or read book Strategically Created Treaty Conflicts and the Politics of International Law written by Surabhi Ranganathan and published by Cambridge University Press. This book was released on 2014-12-18 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.


Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules

Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules

Author: Lee Jing

Publisher: Martinus Nijhoff Publishers

Published: 2014-07-17

Total Pages: 447

ISBN-13: 9004268391

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In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.


Book Synopsis Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules by : Lee Jing

Download or read book Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules written by Lee Jing and published by Martinus Nijhoff Publishers. This book was released on 2014-07-17 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.