Treaty Interpretation in International Law: Comparing the Appellate Body with the Courts in The Hague, Hamburg, and Luxembourg

2018 ◽  
Keyword(s):  
International Law ◽  
Appellate Body ◽  
Treaty Interpretation ◽  
The Hague

An Asymmetric Comparative International Law Approach to Treaty Interpretation

2018 ◽  
Author(s):  
Alec Knight
Keyword(s):  
International Law ◽  
Margin Of Appreciation ◽  
Treaty Interpretation

This chapter illustrates an asymmetric comparative international law approach to treaty interpretation through the example of the CEDAW Committee’s greater willingness to go beyond a margin of appreciation to tolerate progressive deviations rather than regressive deviations in the interpretation of CEDAW’s provisions. Section I examines the interactions between the CEDAW Committee and states parties. Section II discusses how the Committee’s asymmetric approach to treaty interpretation fits within a comparative international law project. Section III provides an introduction to the CEDAW Committee. Section IV illustrates the CEDAW Committee’s inflexible treatment of Muslim states parties’ reservations to the Convention, which constitute regressive deviations. Section V analyzes the Committee’s permissive treatment of the Scandinavian approach to CEDAW. Section VI explores how the asymmetric approach allows states to develop interpretations of treaties. Section VII concludes and describes potential future avenues of research into the asymmetric comparative international law approach to treaty interpretation.

The Hague Codification Conference

1930 ◽  
Vol 24 (4) ◽  
pp. 674-693 ◽  
Author(s):  
Hunter Miller
Keyword(s):  
International Law ◽  
League Of Nations ◽  
International Conference ◽  
The Hague ◽  
Set Up

The Conference for the Codification of International Law which met at The Hague from March 13 to April 12, 1930, was the first international conference specifically called for that purpose.In 1924 the League of Nations set up a Committee of Experts for the progressive codification of international law. The task of that committee was to select and propose for the first conference on codification a certain number of subjects within the field of international law. Three subjects, namely, Nationality, Territorial Waters and The Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners, were finally agreed on as the subjects to be considered by the first conference.

Opening Remarks by Saskia Bruines

2020 ◽  
Vol 114 ◽  
pp. 359-360
Author(s):  
Saskia Bruines
Keyword(s):  
International Law ◽  
Peace And Justice ◽  
The Hague

Ladies and Gentlemen, as Deputy Mayor of The Hague, I am glad that this esteemed panel will discuss the promise of cities in relation to international law. As a representative of the international city of peace and justice, this subject is of course close to my heart.

Remarks by Penny Abeywardena

2020 ◽  
Vol 114 ◽  
pp. 362-364
Author(s):  
Penny Abeywardena
Keyword(s):  
International Law ◽  
The Hague ◽  
American Society

Janne thank you so much. First, it is a pleasure to be with this esteemed panel and I want to thank the American Society for International Law and the Municipality of The Hague for bringing us together today.

scholarly journals The Hague Judgments Convention and How We Negotiated It

2020 ◽  
Author(s):  
Jin Sun ◽  
Qiong WU
Keyword(s):  
International Law ◽  
Great Influence ◽  
Negotiation Process ◽  
Private International Law ◽  
Mutual Benefit ◽  
Global Circulation ◽  
Recognition And Enforcement ◽  
The Hague

Abstract In July 2019, the Hague Conference on Private International Law adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As an outcome of the Judgments Project, this Convention will exert a great influence on the global circulation of foreign judgments. China attached great importance to the Judgments Project and participated in the full negotiation process. This paper is a reflection of some of the Chinese negotiators’ approaches in handling certain very difficult but important issues in the process, with the hope that it may shed some light on China’s negotiation practice and the principles it adheres to in the international law arena, which are fully in line with the principles of equity and justice, mutual benefit, and win-win outcome.

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