Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 15 of 15 for “"treaty interpretation"”.
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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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The Interpretation of Bilateral Tax Treaties: Changing Tax Law – Unchanging Treaty Obligations?
… 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 temporal treaty interpretation drawn from international law, and as enumerated in the Vienna …
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Inter-American human rights protection: how methods and rules of interpretation are framed
… in the respective cultural context used in the interpretation of human rights treaties. It involves an examination of the interpretation methods and rules of "ordinary" international treaties, which are being compared with those of the interpretation methods and rules of human rights treaties. …
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Cultivating Treaty Relationships: The Significance of the Cows and Ploughs Clauses for the Numbered Treaties
The modern interpretation and implementation of historic treaty promises is an ongoing opportunity for relationship-building in Canada that includes working to fulfill the spirit and intent of the originating formal agreements between the Crown and First Nations. This thesis analyzes the …
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Revisiting Judicial Activism. Pros and Cons of Judicial Lawmaking in the EU Legal Order
… This thesis also examines the Court’s methods of interpretation, to see if its teleological interpretation can be justified based on the goals of the Treaty and the required effectiveness of EU law. This thesis examines and weighs the pros and cons of the judicial activism displayed by the ECJ, in …
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A study of the legal effect of the main provisions of the income tax treaty between France and the United Kingdom
… matters relevant to all categories of treaties: treaty making power, the relationship between a treaty and domestic legislation and the rules of treaty interpretation. It then proceeds to study the specific structure, nature, scope and function of double taxation agreements. A comparative …
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'A Reasonably Well Organized Modern State': Investment Treaty Arbitration and the Reformation of Economic Sovereignty in Customary International Law
The international arbitration of investment treaty disputes between foreign nationals and their host States is commonly supposed to restrict the exercise of sovereignty. Yet several expressions of territorial jurisdiction have been identified by investment tribunals as presumptive rights of States, …
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International Law on Women's Human Rights on the concerns triggered by the introduction of sex robots into society
… Convention on the Law of Treaties' provisions on treaty interpretation, the relevant treaties, treaty body decisions and soft law are examined to determine whether sex robots are harmful to women and what obligations states have in that regard as a result of private actor activities. Sex robots in …
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Figments of Fragmentation in International Trade Law: Examining the Systemic Interaction between WTO Law and Regional Trade Agreements
… disciplines that have not been clarified through treaty interpretation due to the reluctance of WTO Members to interpret them. Fourth, it explains how the expansion of international trade law is in part facilitated through norm dispersal processes – where norms found in one treaty are subsequently …
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Seeking Protection in Europe: Refugees, Human Rights, and Bilateral Agreements Linked to Readmission
… law and in respect of the traditional rules of treaty interpretation. The central objective of this thesis is to develop the concept of agreements linked to readmission by broadening – to my knowledge, for the first time - the scope of legal analysis to the multifaceted framework of bilateral …
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Jurisdictional Aspects of Multiparty Actions in International Dispute Settlement
… emerged as a contentious issue in investment treaty arbitration (ITA). Tribunals have diverged on – (1) whether multiparty actions require parties’ specific consent to adjudicate claims jointly; and (2) the situations in which claimants can pursue their individual claims jointly in one action. …
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Domestic deeming provisions and double tax treaties: lessons from Tradehold and Fowler
… outcomes in the cases or if the uncertainties in interpretation highlight the need for more explicit guidance. By assessing the principles governing the application of DTTs where domestic tax law incorporates statutory fictions, this research aims to contribute to a more structured and predictable …
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Compliance with regional courts judgments in SADC in the context of regional integration in Africa
… back and amend the law and override the court's interpretation, it is more cumbersome or even impossible to amend the treaty that the IC interpreted especially if enough number of the parties like the court's interpretation. This is structural. Moreover, the court had a slow institutional setup …
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Teleology in the Law of International Organisations
This thesis considers the nature and use of purposive legal reasoning in international law, and the particular role it plays in the law of international organisations (IOs). I begin by examining the concept of purpose, the multiple levels of abstraction at which it is identifiable, and the …
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Temporary Refuge as a Response to Large - Scale Refugee Influxes
This thesis analyses the concept and practice of temporary refuge in relation to large-scale refugee influxes. It combines contextual and legal analyses and examines the topic lex lata. It presents a unique insight into the topic by critically considering some conventional assumptions in the field, …