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Vol 24 No 4 April/May 2019

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Exceptions and Defences in International Law

Edited by: Lorand Bartels, Federica Paddeu

ISBN13: 9780198789321
To be Published: July 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £80.00

Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof.

This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.

Public International Law
1: Introduction, FLorand Bartels and Federica Paddeu
2: Rules and Exceptions, in Law and Elsewhere, Giovanni Sartor
3: Exceptions in International Law, Jaap Hage, Antonia Waltermann and Gustavo Arosemena
4: The Psychology of Exceptions and the Enforcement of Law, Frederick Schauer
5: Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State, Valentin Jeutner
6: Seven Ways of Escaping a Rule: Of Exceptions and their Avatars in International Law, Jorge Viñuales
7: Derogation and Defeasibility in International Law, Giovanni Battista Ratti and Andrea Dolcetti
8: Exceptions to Peremptory Rules, André de Hoogh
9: The Angst of the Exceptio Inadimplenti non est Adimplendum in International Law, Malgosia Fitzmaurice
10: Good Faith and the Exercise of Treaty-Based Discretionary Powers, Ulf Linderfalk
11: The Construction of the Rebus Sic Stantibus Clause in Different Phases of International Law - Exception, Rule or Remote Spectator?, Robert Kolb
12: Defences in the Law of State Responsibility: A View from Jurisprudence, Luís Duarte d'Almeida
13: Clarifying the Concept of Circumstances Precluding Wrongfulness (Justifications) in International Law, Federica Paddeu
14: Defences and the Burden of Proof in International Law, Joost Pauwelyn
15: War as an exceptional status, Iain Scobbie
16: Human Rights Exceptions, Kimberley Trapp
17: Defences in International Criminal Law - Exceptions in International Law?, Kai Ambos
18: Scope Limitation or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses, Caroline Henckels
19: , Oisin Suttle
20: Exceptions in International Environmental Law, James Harrison
21: Freedom With Their Exception: Jurisdiction and Immunity as Rule and Exception, Antonios Tzanakopoulos and Eleni Methymaki