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Doctrine
About: Doctrine is a research topic. Over the lifetime, 21901 publications have been published within this topic receiving 204282 citations.
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TL;DR: The Salvors' doctrine as mentioned in this paper has been adopted by international investment tribunals to admit and rely on travaux-preparatoires in their own treaty interpre- tations.
Abstract: In confrontations in particular disputes and especially in cases referred for third-party deci sion, it is common for one side to seek to overcome the prima facie “ordinary meaning” of a text by recourse to various supplementary means of interpretation. Because international deci sion processes are nonjury, the common law’s elaborate code regulating admissibility of evi dence has no analogue in international law; international courts and tribunals tend to allow the introduction of almost any material adduced by the parties but only occasionally to rely on it in their decision. Of late, however, there seems to be an increasing tendency for international investment tribunals to admit and rely on travaux preparatoires in their own treaty interpre tations. The ultimate ex cathedra endorsement of this trend by an especially distinguished group of jurists, whose imprimatur all but ensures its installation as a rule of international law, appears in a recent decision of an ad hoc committee operating under Article 52 of the ICSID Convention.1 In Malaysian H istorical Salvors v. G overnment ofM alaysia, which was decided on April 16, 2009, the ad hoc committee said, “In any event, courts and tribunals interpreting treaties regularly review the travaux preparatoires w h en ev e r they are brought to their attention; it is mythological to pretend that they do so only when they first conclude that the term requir ing interpretation is ambiguous or obscure.”2 We do not contest the accuracy of the ad hoc committee’s summary of trends in what we may call, for convenience, the “Salvors’ doctrine,” that is, the automatic admissibility and review of any travauxpreparatoires adduced by one or the other of the parties, without requiring a prior assertion, let alone decision, confirming the obscurity of the text or an ineluctably absurd reading resulting from the application of the method prescribed in Article 31 of the Vienna Convention on the Law of Treaties.3 Nor do we question that travaux are being con sulted only for the purpose of confirming the reasonable interpretation that the application of
40 citations
TL;DR: The study of military doctrine is one tool that scholars can use to understand a rising power's potential for involvement in interstate war as mentioned in this paper. But despite the prominence of Taiwan conflict in China's defense planning, frontier defense remains a core mission for China's armed forces, involving almost half of the PLA's ground forces.
Abstract: The study of military doctrine is one tool that scholars can use to understand a rising power's potential for involvement in interstate war. In its evolving joint operational doctrine, China pursues a defensive approach to securing its land borders and maintaining territorial integrity. Despite the prominence of a Taiwan conflict in China's defense planning, frontier defense remains a core mission for China's armed forces, involving almost half of the PLA's ground forces. China's force structure is consistent with a defensive doctrine for securing its borders, as light infantry units are stationed on the border itself while most maneuver units capable of offensive operations are based hundreds of kilometers away in the interior. Due to the potential for ethnic unrest in the frontiers, which places a premium on cooperation with neighboring states, China's defensive posture on the Asian continent is likely to endure.
40 citations
TL;DR: Kelsen's monistic theory of law, according to which international and municipal law have the same subject-matter, paved the way for the dominant contemporary doctrine: international law can encompass every aspect of human life which warrants international legal protection of human rights as discussed by the authors.
Abstract: Kelsen's monistic theory of law, according to which international and municipal law have the same subject-matter, paved the way for the dominant contemporary doctrine: international law can encompass every aspect of human life which warrants international legal protection of human rights. Kelsen's doctrine of the identification of law and state held the legal order of the modern state to be the pattern of every legal system. Since, moreover, he considered physical coercion to be the very requisite of a legal normative order, Kelsen was bound to look for such a coercive element in the international order and found it in war. The experience of World War Two led Kelsen to develop the doctrine of the 'just war' (bellum lustum) as the appropriate sanction for violations of international norms, a theory which is hard to reconcile with his condemnation of every form of natural law. Kelsen s narrow definition of law prevented him from assessing the true nature of normative systems which do not fall within the state-based definition. Such systems may rely on non-physical forms of coercion, forms which are also available, as this article argues, to the International order.
40 citations
TL;DR: The authors argue that early British eugenics thinkers racialized economics in the post-classical period, arguing that the observed differences among people arise from incentives, luck, and history.
Abstract: The question we propose to address is how did economics move from the classical period characterized by the hardest possible doctrine of initial human homogeneityall the observed differences among people arise from incentives, luck, and historyto become comfortable with accounts of human behavior which alleged foundational differences among and within races of people? (Darity 1995) In this paper, we shall argue that early British eugenics thinkers racialized economics in the post-classical period.
40 citations