Results 21 to 30 of about 10,480 (297)

Treaties over Time and Human Rights: A Case Law Analysis of the Inter-American Court of Human Rights

ACDI: Anuario Colombiano de Derecho Internacional, 2017
This paper analyzes the issue of treaties over time and the interpretations of the Inter-American Court of Human Rights in this context. Parts 1 and 2 introduce the elements of treaty interpretation in general international law, providing criteria for ...
Carlos Enrique Arévalo Narváez, Paola Andrea Patarroyo Ramírez   +1 more
doaj   +1 more source

Impact of Changing the Content of the OECD Commentaries to the OECD Model Convention on the Interpretation of a Double Taxation Convention – between Interpretive Dynamism and Unacceptable Change

Acta Universitatis Carolinae Iuridica, 2022
This article deals with whether the most recent version of the OECD Commentary should be used when interpreting a double taxation convention or the version that was in force at the time the tax treaty was concluded.
Wojciech Morawski
doaj   +1 more source

A Council of Europe perspective on the European Union: Crucial and complex cooperation

Europe and the World, 2021
The article addresses the institutional role of the EU in the Council of Europe, with particular emphasis on EU participation in Council of Europe treaties and EU accession to the ECHR.
doaj   +2 more sources

The Duty to Prevent Genocide under International Law: Naming and Shaming as a Measure of Prevention

Genocide Studies and Prevention: An International Journal, 2018
In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in ...
Björn Schiffbauer
doaj   +1 more source

Norwegian State Practice and the Treaty Relating to Spitsbergen (Current International Law Issues)

Московский журнал международного права, 2016
The author reviews the key international legal actions undertaken by Norway since 1977 in avoidance of the Treaty of 9 February 1920 relating to Spitsbergen (hereinafter - “Spitsbergen Treaty”), as well as their significance in terms of spatial extension
Vera M. Savva
doaj   +1 more source

Jus Contra Bellum in Cyberspace and the Sound of Silence

Oslo Law Review, 2022
This article explores the (in)activity of many States in contributing to the interpretative clarification of ‘how’ jus contra bellum applies in cyberspace, its negative repercussions for the work of the United Nations Group of Governmental Experts on ...
Johann Ruben Leiss
doaj   +1 more source

Searching for purpose: Critical assessment of teleological interpretation of treaties in investment arbitration

International Review of Law, 2016
This article explores the tendency of investment tribunals to resort to teleological interpretation and to the protection and promotion of foreign investments as a standard goal of investment treaties. It further explores how this tendency relates to the
Sanja Djajić
doaj   +2 more sources

The Council v. Front Polisario Case: The Court of Justice's Selective Reliance on International Rules on Treaty Interpretation (Second Part)

European Papers, 2017
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 23-42 | Article | (Table of Contents) I. Introduction. - II. The Front Polisario judgment. - III.
Eva Kassoti
doaj   +1 more source

They Are not Enforceable, but States Must Respect Them: An Attempt to Explain the Legal Value of Decisions of the European Committee of Social Rights

European Papers, 2023
(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1495-1516 | Article | (Table of Contents) I. Introduction. - II. A brief overview of the main features of human rights treaty bodies. - III.
Andrea Spagnolo
doaj   +1 more source

Double Taxation Treaty Interpretation: Lessons from a Case Down Under

Potchefstroom Electronic Law Journal, 2020
In the Australian case of Bywater Investments Ltd v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation (the Bywater case) the Australian High Court dealt with the question of whether certain companies were resident in Australia for
Izelle du Plessis
doaj   +1 more source