In association with the International Commission of Jurists

treaty interpretation Tag

09 Oct

[Sanmay Moitra is a lecturer at Jindal Global Law School, India who has worked on international human rights litigation before international courts and advised on matters involving international law before the Supreme Court of India. He holds an Advanced LL.M. in Public International Law from Leiden University, an LL.M. in International Legal Studies from Georgetown University, and a BA in...

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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. You can contact her via email.] Introduction This post concludes a series of three. Following an introduction that described the parse mention in the...

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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. You can contact her via email.]  Introduction This post is the second in a series of three in which I advocate for reconsideration of...

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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. You can contact her via email.] Introduction Contrary to the earlier genocide cases before the International Court of Justice (ICJ or the Court) against...

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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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