Article 31(3)(c) VCLT and the Principle of Systemic Integration

Merkouris, Panos

doi:10.1163/9789004230439

Cited by 41 publications

(3 citation statements)

References 88 publications

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“…Yet, the formulation of Article 31(3)(c) has been criticised as being unclear both in its substantive and temporal scope and its normative force (French, 2006; McLachlan, 2005; Merkouris, 2015), and it will therefore be necessary to also drive further development of the law of treaties specifically, and international institutional law more generally, to fully advance an earth system‐oriented legal approach.…”

Section: From Theory To Practice: Operationalising Planetary Nexus Go...mentioning

confidence: 99%

Towards planetary nexus governance in the Anthropocene: An earth system law perspective

Kotzé

2022

Global Policy

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Nexus governance recognises that sustainability concerns such as water, energy, and food security are interlinked and provides an alternative to fragmented governance. Although it has been applied mostly in the domestic context, the need for nexus governance is also apparent at a planetary scale, as highlighted by interacting planetary boundaries, global telecoupling, and global tipping cascades. However, international environmental law is unable to facilitate what we call ‘planetary nexus governance’. This is mainly because international environmental law lacks an ecological Grundnorm and because its primary rules of conduct remain fragmented in the absence of effective secondary rules on how primary rules should relate to each other. Recognising this challenge, scholars have recently proposed earth system law as a new framework to rethink, in an integrated way, law in an Anthropocene context. Building on this framework, we suggest that international environmental law should adopt a unifying Grundnorm such as planetary integrity. We also suggest that international institutional law, as a body of secondary rules, has an important role to play in facilitating planetary nexus governance by bringing together fragmented bodies of international law. We briefly discuss ways in which international environmental law could reorientate itself to better facilitate planetary nexus governance.

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Section: From Theory To Practice: Operationalising Planetary Nexus Go...mentioning

confidence: 99%

Towards planetary nexus governance in the Anthropocene: An earth system law perspective

Kotzé

2022

Global Policy

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“…This analysis resorts to definitions in various dictionaries as an initial method to ascertain the linguistic meaning of the term ‘safety’, following widespread practice among international courts (Gardiner, 2008/2015, pp. 164, 186–189; Merkouris, 2015, pp. 18–22).…”

Section: Construction Of the Term ‘Place Of Safety’ And The Principle...mentioning

confidence: 99%

“…The relevance of the rules invoked, in the realms of both human rights law and refugee law, is grounded in the subject matter at stake, rather than an identity or a proximity between the treaties themselves (cf. Merkouris, 2015, pp. 84–95).…”

Section: Construction Of the Term ‘Place Of Safety’ And The Principle...mentioning

confidence: 99%

Vulnerability and marginalisation at sea: maritime search and rescue, and the meaning of ‘place of safety’

Velasco

2022

International Journal of Law in Context

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This paper proposes an integrating interpretation of the term ‘place of safety’ in the International Convention on Maritime Search and Rescue, 1979, grounded in international human rights and refugee law. It argues that the exposure to harm as a consequence of the conditions under which sea migrants endure irregular journeys raises vulnerability concerns and the need to search for mechanisms of redress. It further claims that sea migrants are marginalised by states’ refusal to allow their disembarkation on land. It also argues that a narrow interpretation of the term ‘place of safety’ risks perpetuating, if not exacerbating, situations of vulnerability and marginalisation among sea migrants. Key themes addressed in this contribution are vulnerability and marginalisation of sea migrants, vulnerability reasoning in the interpretation process and the scope for a more integrating reading of the term ‘place of safety’ that is responsive to the specific needs among sea migrants.

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The Relationship Between International Trade Law and the Law of the Sea in the WTO Dispute Settlement Practice

Papa

2019

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

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Article 31(3)(c) VCLT and the Principle of Systemic Integration

Cited by 41 publications

References 88 publications

Towards planetary nexus governance in the Anthropocene: An earth system law perspective

Towards planetary nexus governance in the Anthropocene: An earth system law perspective

Vulnerability and marginalisation at sea: maritime search and rescue, and the meaning of ‘place of safety’

The Relationship Between International Trade Law and the Law of the Sea in the WTO Dispute Settlement Practice

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