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Part II Interpretation of Treaties, 7 Evolutionary Interpretation of Treaties: Between Memory and Prophecy

Pierre-Marie Dupuy.

in The Law of Treaties Beyond the Vienna Convention

February 2011 .

Chapter. Subjects: Public International Law; International Law; Law. 15 pages. 7728 words.

The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such...

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Parting Ways: The Impact of Mutual Termination of Investment Treaties on Investor Rights

Tania Voon, Andrew Mitchell and James Munro.

in ICSID Review - Foreign Investment Law Journal

May 2014; p ublished online March 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Settlement of Disputes. 13394 words.

Several States have terminated international investment agreements (IIAs) in recent years—some alarmed at unexpected outcomes in certain investor–State cases, and others simply updating...

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Part II Approaches, Ch.17 Constructivism and the Politics of International Law

Filipe dos Reis and Oliver Kessler.

in The Oxford Handbook of the Theory of International Law

June 2016 .

Chapter. Subjects: Public International Law; International Law; Law. 21 pages. 10061 words.

This chapter argues that the ‘moderate’ and ‘radical’ versions of constructivism differ in their very understanding of the politics of international law and thus the way they connect to...

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Treaty Interpretation by the WTO Appellate Body

Isabelle Van Damme.

in European Journal of International Law

August 2010; p ublished online August 2010 .

Journal Article. Subjects: Public International Law. 24117 words.

This article analyses how the Appellate Body in practice expresses its interpretation of the WTO covered agreements, and discusses whether the Appellate Body's hermeneutics is different...

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Lynching and Mob Violence

Christopher Waldrep.

in Encyclopedia of African American History, 1896 to the Present: From the Age of Segregation to the Twenty-first Century

January 2009 .

Reference Entry. Subjects: History. 10100 words.

In 1885 the Chicago Tribune reported that ninety-seven whites and only seventy-eight “colored” persons had perished at the hands of lynchers. The next year “colored” victims outnumbered...

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Adaptive Efficiency and Financial Development in China: The Role of Contracts and Contractual Enforcement

Guanghua Yu and Hao Zhang.

in Journal of International Economic Law

June 2008; p ublished online June 2008 .

Journal Article. Subjects: Financial Law; Public International Law; Economics. 15602 words.

The existing literature on China's economic development has focused so far more on economic reform, decentralization, and the clarification and protection of property rights. There is,...

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Is Characterization of Treaties a Solution to Treaty Conflicts?

Ahmad Ali Ghouri.

in Chinese Journal of International Law

June 2012; p ublished online May 2012 .

Journal Article. Subjects: International Law. 14540 words.

The Vienna Convention on the Law of Treaties (VCLT) rules on the resolution of treaty conflicts are known as being despondently unhelpful. One identified lacuna is that these rules...

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Reconceiving the Roles of Religious Civil Society Organizations in Transitional Justice: Evidence from the Solomon Islands, Timor-Leste and Bougainville

Renee Jeffery, Lia Kent and Joanne Wallis.

in International Journal of Transitional Justice

November 2017; p ublished online August 2017 .

Journal Article. Subjects: Human Rights and Immigration; Public International Law; Human Rights. 10925 words.

ABSTRACT

In transitional justice (TJ) scholarship, civil society is ordinarily conceived as a unified, homogeneous and secular entity that is...

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Balancing Efficacy with Policy Space: the Treatment of Public Services in EU Trade Agreements

Luigi Pedreschi.

in Journal of International Economic Law

September 2017; p ublished online September 2017 .

Journal Article. Subjects: Financial Law; Public International Law; International Economic Law; Economics. 11440 words.

Abstract

The tensions created by public services in international trade agreements continue to stir academic interest while remaining highly controversial....

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Harlem Renaissance: The Vogue of the New Negro

David Levering Lewis.

in Africana: The Encyclopedia of the African and African American Experience, Second Edition

January 2005 .

Reference Entry. Subjects: History. 7582 words.

The Harlem Renaissance was a somewhat forced phenomenon, a cultural nationalism of the parlor, institutionally encouraged and directed by leaders of the national civil rights...

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Loewen v. United States: The Burial of an Investor-State Arbitration Claim

Noah Rubins.

in Arbitration International

March 2005; p ublished online October 2014 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 18780 words.

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Part II Key Risks and Disputes Associated with International Mining Projects, 5 Political Risk and Resource Nationalism

Henry G. Burnett and Louis-Alexis Bret.

in Arbitration of International Mining Disputes

Chapter. Subjects: Arbitration; Law. 34 pages. 18461 words.

This chapter first discusses the notions of political risk and resource nationalism. Political risk refers to the risk that some political event will materially affect the projected...

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Intertemporality and international investment arbitration: protecting the jurisdiction of established tribunals

James D. Fry and Odysseas G. Repousis.

in Arbitration International

June 2015; p ublished online May 2015 .

Journal Article. Subjects: Arbitration; Company and Commercial Law; Competition Law; Employment and Labour Law; Settlement of Disputes. 26141 words.

The backlash against investor–State arbitration is building, to the point that some commentators even talk about termination or amendment of investment treaties in order to strip...

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Part IV International Regulation, 17 The Codification of International Standards For the Treatment of Foreign Investors

Peter T Muchlinski.

in Multinational Enterprises & the Law

July 2007 .

Chapter. Subjects: Arbitration; Public International Law; International Law; Law. 50 pages. 27770 words.

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Part 1 Delimitation of the Problem, Four The Global Constitutive Process of Authoritative Decision

Myres S. McDougal, Harold D. Lasswell and Lung-chu Chen.

in Human Rights and World Public Order

February 2019 .

Chapter. Subjects: Law. 204 pages. 92117 words.

This chapter examines the emergence and continuing development of a global constitutive process of authoritative decision and its significance for the protection of human rights. It first...

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6 The Law of Treaties

Christina Binder and Catherine Brölmann.

in International Law in Domestic Courts

November 2018 .

Chapter. Subjects: Law. 46 pages. 29185 words.

This chapter examines how the law of treaties is used and applied in domestic courts. It first explores questions relating to the conclusion and entry into force of a treaty before...

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