Search results

When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law

Abstract
Questions concerning 'compatibility' in the law of treaties have been at the heart of international disputes in recent years. The answers to these questions can have potentially significant repercussions for several areas of international co-operation. A fundamental premise of international law operates in the background to courts' and tribunals' approach to questions regarding compatibility in the law of treaties: the idea that, where possible, existing treaty relations should remain in place. That objective of maintaining stable treaty relations, while infrequently articulated, is central to the legal and political relations among states. This article explores the ways in which the concept of compatibility in the law of treaties is informed by that objective.

AbstractThis article explores the question whether the territorial application of a treaty extends to unlawfully annexed territory. In this context, it examines State succession and the territorial application of treaties under general international law, as well as the moving treaty-frontiers rule and the extraterritorial application of certain treaties, specifically with respect to annexed territory. The article concludes that, while in some cases there is scope to find that a treaty applies extraterritorially in annexed territory, notably as a result of its object and purpose or its provisions, there may also be room, subject to the provisions of the treaty, for a limited form of treaty succession in such territory. Limitations to the obligation of collective non-recognition offer theoretical and practical support for this position.

This Handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.

This handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.