In association with the International Commission of Jurists

treaty interpretation Tag

28 Sep

[Zsuzsanna Deen-Racsmány holds a Ph.D. in public international law from Leiden University. She is an independent researcher and has worked, inter alia, at Leiden University and the University of Amsterdam, and been a rapporteur for Oxford International Organizations.] Introduction This post concludes a series of three. Following an introduction that described the parse mention in the submissions in The Gambia v. Myanmar...

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28 Sep

[Zsuzsanna Deen-Racsmány holds a Ph.D. in public international law from Leiden University. She is an independent researcher and has worked, inter alia, at Leiden University and the University of Amsterdam, and been a rapporteur for Oxford International Organizations.]  Introduction This post is the second in a series of three in which I advocate for reconsideration of the dominant interpretation of Article II...

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28 Sep

[Zsuzsanna Deen-Racsmány holds a Ph.D. in public international law from Leiden University. She is an independent researcher and has worked, inter alia, at Leiden University and the University of Amsterdam, and been a rapporteur for Oxford International Organizations.] Introduction Contrary to the earlier genocide cases before the International Court of Justice (ICJ or the Court) against Serbia (here and here), the nature...

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01 Jul

[Heybatollah Najandimanesh, associate professor of international law at Allameh Tabatabaei University, Tehran, Iran] Introduction Can a treaty concluded under sustained military pressure ever constitute a valid expression of state consent? This question lies at the heart of Article 52 of the Vienna Convention on the Law of Treaties (VCLT), which provides that a treaty is void if its conclusion has been procured by the threat or...

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12 Jan

[Kartik Sharma is an undergraduate law student at National Law School of India University, Bengaluru and an analyst at SpicyIP] The first sentence of Article 1.1 of the TRIPS agreement requires members to ‘give effect to the provisions’ of TRIPS. Its exact meaning found centre-stage in a WTO dispute between the European Union and China, wherein Chinese courts were issuing anti-suit...

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