Global ETD Search
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Showing 1 to 13 of 13 for “"Vienna Convention on the Law of Treaties"”.
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The Peremptory Norms of General International Law (Jus Cogens) Under The Vienna Convention on The Law of Treaties
Made available in DSpace on 2015-05-12T22:33:52Z (GMT). No. of bitstreams: 2 license.txt: 4848 bytes, checksum: 96035ab3f5e1c23cc7138a224ce498bd (MD5) 7405680.PDF: 19059380 bytes, checksum: 026b7b4fc99a6f0b3cb8bbafaccff6a3 (MD5) Previous issue date: 1973
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LA RISOLUZIONE DEI CONFLITTI TRA TRATTATI: METODI TRADIZIONALI ALLA PROVA DEI REGIMI AUTONOMI
The work aims to investigate the adequacy of traditional norm conflict resolution principles to manage and solve contradictions between autonomous regimes of international law. The analysis starts from the observation that, with the expansion and specialization of international law, traditional …
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Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC)
Non-discrimination is a fundamental principle of international human rights law. As seen in several instruments, the principle is enumerated by grounds upon which differentiation is prohibited. An example of this is Article 1(1) of the International Convention on the Elimination of Racial …
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The Interpretation of Bilateral Tax Treaties: Changing Tax Law – Unchanging Treaty Obligations?
This thesis puts forward an integrative approach for the construction of a legal framework that may guide the resolution of temporal questions of interpretation arising from central features of model-based bilateral income tax treaties. It does so through extensive analyses of principles for …
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The Admissibility of Extrinsic Evidence in the Interpretation of Double Tax Conventions - A South African Perspective
A recent South African judgment concerning the application of the most favoured nation clause in the South Africa/ Netherlands double tax convention has once again raised questions regarding the correct approach to the interpretation of treaties in South Africa and what information should be …
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Transnational Due Process and Article V(1)(b) of the New York Convention: Grounding Interpretation and Application of the Due Process Defence in the Public International Law Framework for Treaty Interpretation
The thesis examines the interpretation and application of the due process defence under the New York Convention. It argues that the due process defence under the New York Convention should be interpreted consistently with the interpretative framework set out in the Vienna Convention on the Law of …
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Self-determination of peoples in the context of supranational governance
Globalisation has proven to be a strong transformative force in almost all sectors of public life and has also left its mark on international law. The increasing number of supranational organisations being established and their increasing significance as actors that shape international and regional …
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International Law on Women's Human Rights on the concerns triggered by the introduction of sex robots into society
… increasingly prevalent, also as a result of the restrictions on social interactions caused by the COVID-19 pandemic. Because of their programming, sex robots offer both a physical and psychological dimension for users, thereby raising concerns not usually linked to sex toys. The purpose of …
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The role of jus cogens in resolving the intertemporal problem in Mau Mau torture claims and other historical injustices: a theoretical exploration
The chief obstacle in the resolution of historical injustices in international law is the inter-temporal question, summarized as the requirement that positive substantive international law, as it stood at the time in which an injustice occurred, ought always to apply over latter laws. Jus cogens, …
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Figments of Fragmentation in International Trade Law: Examining the Systemic Interaction between WTO Law and Regional Trade Agreements
The growing network of Regional Trade Agreements (RTAs) concluded between States has often been seen as a threat or policy alternative to the multilateral World Trade Organization (WTO) system. This dissertation re-evaluates this assumption by examining the interaction between WTO law and the RTA …
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Legitimate Interpretation: Comparative Reasoning in International Courts and Tribunals
The interaction between domestic law and international law is a topic of perennial interest for international lawyers. Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. More …
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The inadequacy of the contractual analogy in the Law of Treaties.
Conventional theories of Law and the policy-oriented theory about Law rest on the erroneous assumption that a legal concept can only be expressed in terms of an "observational language" of Law related to a "pure theory of meaning. The proposed relational approach to legal concepts demonstrates that …
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Domestic deeming provisions and double tax treaties: lessons from Tradehold and Fowler
This thesis examines the complex interaction between domestic deeming provisions in South African domestic tax law and double tax treaties (‘DTTs'), focusing on the legal and interpretative challenges that arise when statutory fictions are applied within an international tax framework. Using a …