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Exceptions in International Law - Oxford Scholarship Online
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Exceptions in International Law

Lorand Bartels and Federica Paddeu

Abstract

In international law, as in every legal system, rules are invariably subject to exceptions. This book brings together experts in legal theory and international law to investigate this phenomenon from both a theoretical and doctrinal perspective. It begins with several chapters looking at the relationship between rules and exceptions from different jurisprudential perspectives. These chapters serve to narrow down the principal types of exceptions, and what is at stake in deciding whether a given legal condition should be seen as part of a rule or as a self-standing exception. An important eleme ... More

Keywords: international law, exceptions, burden of proof, state responsibility, circumstances precluding wrongfulness, excuses, defences, treaty law, customary international law, interpretation

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780198789321
Published to Oxford Scholarship Online: August 2020 DOI:10.1093/oso/9780198789321.001.0001

Authors

Affiliations are at time of print publication.

Lorand Bartels, editor
Faculty of Law, University of Cambridge

Federica Paddeu, editor
Research Fellow, Queens' College, Cambridge

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Contents

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1 Introduction

Lorand Bartels and Federica Paddeu

Part I Themes

2 Exceptions in International Law

Jaap Hage, Antonia Waltermann, and Gustavo Arosemena*

5 Seven Ways of Escaping a Rule

Jorge E. Viñuales*

7 Derogation and Defeasibility in International Law

Andrea Dolcetti* and Giovanni Battista Ratti**

Part II Exceptions in Customary International Law

9 Exceptions

Iain Scobbie*

12 Freedom with Their Exception*

Eleni Methymaki** and Antonios Tzanakopoulos***

Part III Exceptions in Treaty Law

End Matter