ISBN : 9780198789321
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.
1 FLorand Bartels and Federica Paddeu: Introduction
2 Giovanni Sartor: Rules and Exceptions, in Law and Elsewhere
3 Jaap Hage, Antonia Waltermann and Gustavo Arosemena: Exceptions in International Law
4 Frederick Schauer: The Psychology of Exceptions and the Enforcement of Law
5 Valentin Jeutner: Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State
6 Jorge Vinuales: Seven Ways of Escaping a Rule: Of Exceptions and their Avatars in International Law
7 Giovanni Battista Ratti and Andrea Dolcetti: Derogation and Defeasibility in International Law
8 Andre de Hoogh: Exceptions to Peremptory Rules
9 Malgosia Fitzmaurice: The Angst of the Exceptio Inadimplenti non est Adimplendum in International Law
10 Ulf Linderfalk: Good Faith and the Exercise of Treaty-Based Discretionary Powers
11 Robert Kolb: The Construction of the Rebus Sic Stantibus Clause in Different Phases of International Law - Exception, Rule or Remote Spectator?
12 Luis Duarte d'Almeida: Defences in the Law of State Responsibility: A View from Jurisprudence
13 Federica Paddeu: Clarifying the Concept of Circumstances Precluding Wrongfulness (Justifications) in International Law
14 Joost Pauwelyn: Defences and the Burden of Proof in International Law
15 Iain Scobbie: War as an exceptional status
16 Kimberley Trapp: Human Rights Exceptions
17 Kai Ambos: Defences in International Criminal Law - Exceptions in International Law?
18 Caroline Henckels: Scope Limitation or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses
19 Oisin Suttle:
20 James Harrison: Exceptions in International Environmental Law
21 Antonios Tzanakopoulos and Eleni Methymaki: Freedom With Their Exception: Jurisdiction and Immunity as Rule and Exception