In association with the International Commission of Jurists

treaty interpretation Tag

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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