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Vol 21 No 11 Nov/Dec 2016

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Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation

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ISBN13: 9789004218529
Published: January 2012
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £137.00



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States invoke economic crises and security threats to justify treaty non-compliance. The most dramatic recent examples of this phenomenon include “necessity” defences in international investment law; “emergency” derogations in international human rights treaties; “exceptions” for non-conforming measures in international trade law; and doctrinal misapplications of necessity in jus ad bellum and jus in bello.

Necessity and National Emergency Clauses is the first to trace the doctrine’s genealogy from medieval Christian and Islamic religious history to post-Westphalian practices, the moreInternational Law Commission’s codifications, and modern treaty formulations. Recognizing the doctrine’s thematic linkage with the State’s sovereign right to delimit international obligation, the volume proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses within specialized treaty regimes.

This volume is intended for law students, legal scholars, arbitrators, international judges, and other international law practitioners interested in deriving interpretive solutions to treaty controversies on the doctrine of necessity.

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Subjects:
Public International Law
Contents:
I. Introduction: Necessity and Treaty Obligations
II. The Doctrine of Necessity in Municipal and International Legal Orders
III. The Historical Genesis of Necessity Doctrine: A Conceptual Descriptive
IV. Substantive and Methodological Issues in Interpreting Necessity Clauses in Treaties: A Proposal
V. Economic and National Security Emergencies: Necessity Clauses in International Investment Law and International Trade Law
VI. The Doctrine of Necessity in Municipal and International Legal Orders
VII. The Historical Genesis of Necessity Doctrine: A Conceptual Descriptive
VIII. Substantive and Methodological Issues in Interpreting Necessity Clauses in Treaties: A Proposal
IX. Economic and National Security Emergencies: Necessity Clauses in International Investment Law and International Trade Law
X. States of Emergency in International Human Rights Treaties
XI. Misapplying Necessity: Recent Proposals in Jus Ad Bellum and Jus in Bello
XII. Conclusion: Necessity, Sovereignty, and Treaty Interpretation
Selected Bibliography
Subject Index

Series: International Litigation in Practice

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