Preservation of ecosystems of international watercourses and the integration of relevant rules : an interpretative mechanism to address the fragmentation of international law

著者

    • Lee, Jing

書誌事項

Preservation of ecosystems of international watercourses and the integration of relevant rules : an interpretative mechanism to address the fragmentation of international law

by Lee Jing

(International water law, v. 2)

Brill, Nijhoff, c2014

  • : hardback

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注記

Originally published as author's thesis (doctoral)--University of Dundee, 2013

Includes bibliographical references (p. [401]-424) and index

内容説明・目次

内容説明

In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines 'the ecosystem approach' under international law through the prism of Article 20 of the UN Watercourses Convention.

目次

Preface and Acknowledgements List of Abbreviations Introduction Chapter 1. The Fragmentation of International Law and Its Integration: Interpretation and Article 31(3)(c) of the 1969 Vienna Convention 1.1. Fragmentation of International Law on International Watercourse Ecosystems 1.2. Systemic Integration, Interpretation, and Article 31(3)(c) of the Vienna Convention on the Law of Treaties 1.3. Article 31(3)(c) of the 1969 Vienna Convention: An Examination 1.4. Article 31(3)(c): A Tool of Integration? Chapter 2. Relevant Preservation of Ecosystems of International Watercourses - An Ecosystem Approach 2.1. 'Relevant' Rules 2.2 Emergence of the Ecosystem Approach 2.3 'Relevant' as Informed by the Ecosystem Approach 2.4. Concluding Remarks Chapter 3. Rules of International Law Applicable in the Relations between the Parties: A Review of Existing Interpretation 3.1. Rules of International Law 3.2. Applicable in the Relations between the Parties 3.3. A Discussion of 'the Parties' 3.4. The Four Possible Constructions of 'the Parties' 3.5. Applicable in the Relations between the Parties - A Reflection Chapter 4. Rules of International Law Applicable in the Relations between the Parties: An Interactional Theory of Law 4.1. An Interactional Theory of International Law 4.2. Lon L. Fuller's Interactional Theory of Law and a Framework for an Interactional Theory of International Law 4.3. Concluding Remarks and a Proposal for Reinterpretation Chapter 5. Ramsar Convention: Rules of International Law Applicable in the Relations between the Parties 5.1. Shared Understanding 5.2. Satisfaction of the Criteria of Legality 5.3. A Practice of Legality (Norm Application) 5.4. Applicable in the Relations between the Parties 5.5. Concluding Remarks Chapter 6. Biodiversity Convention: Rules of International Law Applicable in the Relations between the Parties 6.1. Shared Understanding 6.2. Satisfaction of the Criteria of Legality 6.3. A Practice of Legality (Norm Application) 6.4. Applicable in the Relations between the Parties 6.5. Concluding Remarks Chapter 7. Shall Take into Account, Together with the Context - Systemic Integration: An Architecture 7.1. 'Context' 7.2. Shall be taken into Account 7.3. Case Analyses 7.4. Systemic Integration: An Architecture 7.5. Concluding Remarks Chapter 8. Systemic Integration: An Operationalisation 8.1. Stage I: Relevant 8.2. Stage II: Rules of International Law Applicable in the Relations between the Parties 8.3. Stage III: A Systemic Integration 8.4. Concluding Remarks Chapter 9. Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: Reflection and Conclusion

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