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Keywords: object and purpose
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Chapter
Non-penalization and Non-Criminalization
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Cathryn Costello and Yulia Ioffe
Published: 09 June 2021
... they are refugees or not. The chapter then analyses article 31 of the Refugee Convention, the provision which purports to protect refugees from penalization for ‘illegal entry and stay’. It argues that non-penalization reflects one of the objects and purposes of the Refugee Convention. The chapter also explores...
Chapter
Interpretation of Customary Rules
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Alexander Orakhelashvili
Published: 26 June 2008
... their object and purpose and can be interpreted effectively. The whole process responds, as international jurisprudence demonstrated, to the thesis of effective interpretation of existing legal regulation as articulated in the writings of Sir Hersch Lauterpacht. The principal material used in this chapter...
Chapter
Where Vienna and Geneva Meet: Treaty Interpretation and the Geneva Conventions
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Jean-Marie Henckaerts
Published: 23 May 2024
.... It looks in more detail at the requirements of good faith and reliance on the ordinary meaning of the text, in light of the treaty’s object and purpose. It further examines the requirement that subsequent developments in law and practice be taken into account, particularly relevant for older treaties...
Chapter
ICRC Perspectives on the Interpretation of the Third Geneva Convention More Than Seventy Years after Its Adoption
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Jean-Marie Henckaerts and others
Published: 23 February 2023
...” and the “object and purpose” of a Convention. It further examines the impact of subsequent developments in practice and law on the interpretation of the Conventions and surveys the supplementary means of interpretation set out in the Vienna Convention. Finally, it examines how the Commentaries have drawn...
Chapter
The Future We Want: Sustainable Development as an Inherent Aim of Foreign Investment Protection
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Ilze Dubava
Published: 19 September 2019
... regime, integrating emphasis on protection of interests that go beyond sheer economic value in the application of investment law. To achieve this aim, this chapter incorporates two conceptual parts. The first provides an analysis of the term ‘economic development’ as the object and purpose...
Chapter
Published: 01 February 2015
... status. It argues that differential treatment cannot be justified by appeal to a treaty’s object and purpose alone, but must be understood in light of the nature of the obligations that the parties established to achieve their goals. Arato Julian European Convention on Human Rights European Court...
Chapter
Concepts Cognate to Jus Cogens
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Alexander Orakhelashvili
Published: 05 June 2008
... treaty obligations under human rights and humanitarian law, while the second category covers interdependent obligations, for instance under disarmament treaties and objective territorial regimes. Finally, the potential of the object and purpose of treaties under the 1969 Vienna Convention on the Law...
Chapter
Published: 12 April 2018
... then turns to analysing the validity, nature, and scope of the process of modification by subsequent practice, also in relation to formal amendment and a treaty’s object and purpose. Next, the chapter considers the difficult exercise of identifying modification by subsequent practice as distinguished from...
Chapter
Treaty Interpretation: Rules and Methods
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Alexander Orakhelashvili
Published: 26 June 2008
... of plain meaning, context, object and purpose, subsequent practice, ‘relevant rules’ of international law, and preparatory work. The hierarchy of interpretation methods is arranged in terms of which method better reflects the original consent and agreement given by States to treaties. In terms of recent...
Chapter
Interpretation of Unilateral Acts and Statements
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Alexander Orakhelashvili
Published: 26 June 2008
... submissions of States to international tribunals plain and ordinary meaning object and purpose context State practice In general, the need to interpret unilateral acts, actions and statements of States serves the purpose of ascertaining the intention of the author State, just as in relation to any other...
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