The Law, Politics and Theory of Treaty Withdrawal

Name: The Law, Politics and Theory of Treaty Withdrawal
Brand: Hart Publishing
Price: 93.49 EUR
Availability: OnlineOnly

Frederick Cowell(Autor*in)

Hart Publishing

1. Auflage

Erschienen am 16. November 2023

256 Seiten

E-Book

ePUB mit Adobe-DRM

Systemvoraussetzungen

978-1-5099-3857-5 (ISBN)

93,49 €inkl. 7% MwSt.

Systemvoraussetzungen

für ePUB mit Adobe-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

Weitere Details

Weitere Ausgaben

Person

Inhalt

Intro
Cover
Dedication
Title Page
Acknowledgements
Contents
Introduction
I. Towards a Law of Withdrawal
A. What is Withdrawal?
B. What is the Law of Withdrawal?
II. Why Does It All Work? The Purpose of This Book
III. The Structure of the Book and Some Preliminary Caveats
1. What is the Law of Withdrawal For? A Sketch of the Objectives
Introduction
I. State Consent, Sovereignty and Withdrawal
A. Defining Sovereignty
B. Critically Appraising State Consent
C. Withdrawal as the Undoing of State Consent?
II. Four Justifications for the Existence of the Law of Withdrawal
A. Withdrawal Safeguards a State in Light of Changing External Circumstances
B. Withdrawal as Recognition of a Political Decision by a State Party
C. An Escape Hatch against 'Delegation Creep'
D. The Law of Withdrawal as a Guarantee of Good Faith
Conclusion: The Two Concerns
2. The Structure of Withdrawal Clauses: Theory and Form
Introduction
I. Theoretical Templates for Understanding How Withdrawal Clauses Shape State Behaviour
II. Initiating a Declaration of Withdrawal
A. The Process of Withdrawal as a Counterpoint to Accession
B. Demonstrating the Necessity for Withdrawal
C. Initiating Withdrawal as a Means of Stopping Proceedings
III. Notification Provisions
A. Whom to Notify
B. Substance of the Notification
C. Withdrawal of a Notification
IV. The Temporal Issues of Withdrawal
A. The Time from Accession to Notification
B. The Time from Notification to Exit
Conclusion: Thinking about Withdrawal Clauses
3. Obligations after Withdrawal
Introduction
I. The Sources of Law for Obligations on Exit
A. Obligations within Withdrawal Clauses
B. Breaches of Obligations Prior to Withdrawal
II. The Right to a Hearing after Exit
A. Investment Arbitration
B. The Death Penalty in the Caribbean
III. Continuing Authority after Exit
A. Inspecting Nuclear Weapons after NPT Withdrawal
B. International Criminal Court Investigations
Conclusion: Outside the Machine
4. Non-Withdrawal: The Role of Rights
Introduction
I. Stability and the Principle of Non-Withdrawal
A. The Absence of a Withdrawal Clause: Origins and Assumptions
B. The UN Charter
II. Rights Transcendency
A. The Principle of Rights Transcendency and Non-Withdrawal
B. North Korea and the ICCPR
III. Preservation of Legal Status
A. The Doctrine of Acquired Rights
B. EU Citizens after Brexit
Conclusion: Rising to Arendt's Challenge
5. The Law of Withdrawal and the International Rule of Law
Introduction
I. Stability Goods, the International Rule of Law and Withdrawal
A. The Creation of Legal Certainty
B. The Restriction of Arbitrary Behaviour by State Parties
II. Community Values, the International Rule of Law and Withdrawal
A. Sovereign Equality and Withdrawal Clauses
B. The Protection of Human Rights and Withdrawal
III. Compliance with Withdrawal Clauses and the International Rule of Law
Conclusion: How the Law of Withdrawal Underpins the International Rule of Law
Conclusion: The Law of Withdrawal and the Idea of Stability
I. Autonomy and the Decision to Leave
II. Defining Ordo-Stability
III. Telling a Story about the International Society
Appendix: Sample Data on Withdrawal Clauses
Index
Copyright Page

Systemvoraussetzungen

Als PDF speichern Als Link merken