Reasons, Institutions, Authorities : Three Models of Exceptions in WTO Law / Oisin Suttle. Rules and Exceptions, in Law and Elsewhere / Giovanni Sartor -- Rules, Defeasibility, and the Psychology of Exceptions / Frederick Schauer -- Seven Ways of Escaping a Rule : Of Exceptions and their Avatars in International Law / Jorge Vinuales -- Defences and the Burden of Proof in International Law / Joost Pauwelyn -- Derogation and Defeasibility in International Law / Giovanni Battista Ratti and Andrea Dolcetti -- Exceptions to Peremptory Rules, The Compelling Law of Jus Cogens and Exceptions to Peremptory Norms : To Derogate or Not to Derogate, That is the Question! / Andre de Hoogh -- Exceptions : self-defence as an exception to the prohibition on the use of force / Iain Scobbie -- Defences in the Law of State Responsibility : A View from Jurisprudence / Luis Duarte d'Almeida -- Clarifying the Concept of Circumstances Precluding Wrongfulness (Justifications) in International Law / Federica Paddeu -- Freedom With Their Exception : Jurisdiction and Immunity as Rule and Exception / Antonios Tzanakopoulos and Eleni Methymaki -- Both the Rule and the Exception : The Concept of a Legal Dilemma and the Survival of the State / Valentin Jeutner -- Good Faith and the Exercise of Treaty-Based Discretionary Powers / Ulf Linderfalk -- Construction of the Rebus Sic Stantibus Clause in Different Phases of International Law : Exception, Rule or Remote Spectator? / Robert Kolb -- Angst of the Exceptio Inadimplenti non est Adimplendum in International Law / Malgosia Fitzmaurice -- Human Rights Exceptions / Kimberley Trapp -- Exceptions in Multilateral Environmental Agreements / James Harrison -- Defences in International Criminal Law : Exceptions in International Law? / Kai Ambos -- Scope Limitation or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses / Caroline Henckels -- Reasons, Institutions, Authorities : Three Models of Exceptions in WTO Law / Oisin Suttle.
Summary:
Exceptions to international obligations can be expressed in several ways and be of fundamental practical importance. Bringing together legal philosophers and scholars of international law, this volume provides theoretical frameworks for the understanding of such exceptions and their application in specific areas of international law.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.