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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 ofthe 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.
List of contents
- Introduction
- Antonia Waltermann and Gustavo Arosemena, Exceptions in International Law
- Rules and Exceptions, in Law and Elsewhere
- Rules, Defeasibility, and the Psychology of Exceptions
- Seven Ways of Escaping a Rule: Of Exceptions and their Avatars in International Law
- Defences and the Burden of Proof in International Law
- Derogation and Defeasibility in International Law
- 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!
- Exceptions: self-defence as an exception to the prohibition on the use of force
- Defences in the Law of State Responsibility: A View from Jurisprudence
- Clarifying the Concept of Circumstances Precluding Wrongfulness (Justifications) in International Law
- Freedom With Their Exception: Jurisdiction and Immunity as Rule and Exception
- Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State
- Good Faith and the Exercise of Treaty-Based Discretionary Powers
- The Construction of the Rebus Sic Stantibus Clause in Different Phases of International Law - Exception, Rule or Remote Spectator?
- The Angst of the Exceptio Inadimplenti non est Adimplendum in International Law
- Human Rights Exceptions
- Exceptions in Multilateral Environmental Agreements
- Defences in International Criminal Law - Exceptions in International Law?
- Scope Limitation or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses
- Reasons, Institutions, Authorities: Three Models of Exceptions in WTO Law
About the author
Lorand Bartels is a Reader in International Law and a Fellow of Trinity Hall, University of Cambridge, where he teaches WTO law and public international law.
Federica Paddeu is The John Tiley Fellow in Law, Queens' College, University of Cambridge.
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.
