The Oxford Guide to Treaties


Book Description

This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.




Handbook on Good Treaty Practice


Book Description

Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.




Treaties in Motion


Book Description

The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.




Permanent Establishment


Book Description

A new edition of the preeminent work on the permanent establishment (PE) is a major event in tax law scholarship. Taking into account changes in judicial and administrative practice as well as the Organisation for Economic Co-operation and Development’s (OECD’s) and the United Nation’s (UN’s) work in the three decades since the first edition, the present study brings the analysis up to date with the current internationally accepted interpretation of PE. The analysis is based on more than 720 cases from more than 20 countries, in addition to the OECD and UN model treaties and more than 630 books, articles, and official documents. The increased significance of the digital economy has rendered the traditional concept of PE inadequate for the allocation of taxing jurisdiction over the modern, mobile or digital international business. The author’s in-depth analysis explains the legal elements of the PE principle with attention to their continuing benefit and their shortcomings: criteria defining a PE- place of business, location, right of use, duration, business connection, business activity, ordinary course of business; evidence of a right of use to a place of business; business activities included in the PE concept of the tax treaties; identification of projects offshore and onshore; UN model treaty deviations from the OECD agency clause; distinction between jurisdictions with significant natural resources and countries possessing the capital, technology and know-how necessary to explore and exploit these resources; and how policies in each country may erode the PE concept. The book provides many synopses of court decisions and administrative rulings upon which the analysis is based. In addition to cases previously published in law reports and other publications, a number of unpublished decisions are included. A key word index makes it easy to find what is needed in any particular matter. The PE principle, in one version or another, is used in several thousand tax treaties in force today. This updated comprehensive study reveals the obligations imposed through the use of PE in tax treaties and will continue to be of immeasurable value to tax practitioners and scholars worldwide. In addition, the discussion of whether the notion of PE is an appropriate criterion for taxing jurisdiction in international fiscal law today provides authoritative and insightful food for thought.




Senate Treaty Documents


Book Description




International Climate Change Law


Book Description

A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.







Law in the Twilight


Book Description

Explores which laws and actors govern the negotiation, interpretation and implementation of peace agreements to settle intra-state conflicts.




Negotiating the New START Treaty


Book Description

Rose Gottemoeller, the US chief negotiator of the New START treaty-and the first woman to lead a major nuclear arms negotiation-delivers in this book an invaluable insider's account of the negotiations between the US and Russian delegations in Geneva in 2009 and 2010. It also examines the crucially important discussions about the treaty between President Barack Obama and President Dmitry Medvedev, and it describes the tough negotiations Gottemoeller and her team went through to gain the support of the Senate for the treaty. And importantly, at a time when the US Congress stands deeply divided, it tells the story of how, in a previous time of partisan division, Republicans and Democrats came together to ratify a treaty to safeguard the future of all Americans. Rose Gottemoeller is uniquely qualified to write this book, bringing to the task not only many years of high-level experience in creating and enacting US policy on arms control and compliance but also a profound understanding of the broader politico-military context from her time as NATO Deputy Secretary General. Thanks to her years working with Russians, including as Director of the Carnegie Moscow Center, she provides rare insights into the actions of the Russian delegation-and the dynamics between Medvedev and then-Prime Minister Vladmir Putin. Her encyclopedic recall of the events and astute ability to analyze objectively, while laying out her own thoughts and feelings at the time, make this both an invaluable document of record-and a fascinating story. In conveying the sense of excitement and satisfaction in delivering an innovative arms control instrument for the American people and by laying out the lessons Gottemoeller and her colleagues learned, this book will serve as an inspiration for the next generation of negotiators, as a road map for them as they learn and practice their trade, and as a blueprint to inform the shaping and ratification of future treaties. This book is in the Rapid Communications in Conflict and Security (RCCS) Series (General Editor: Dr. Geoffrey R.H. Burn) and has received much praise, including: “As advances in technology usher in a new age of weaponry, future negotiators would benefit from reading Rose Gottemoeller’s memoir of the process leading to the most significant arms control agreement of recent decades.” —Henry Kissinger, former U.S. Secretary of State “Rose Gottemoeller’s book on the New START negotiations is the definitive book on this treaty or indeed, any of the nuclear treaties with the Soviet Union or Russia. These treaties played a key role in keeping the hostility between the United States and the Soviet Union from breaking out into a civilization-ending war. But her story of the New START negotiation is no dry academic treatise. She tells with wit and charm the human story of the negotiators, as well as the critical issues involved. Rose’s book is an important and well-told story about the last nuclear treaty negotiated between the US and Russia.” —William J. Perry, former U.S. Secretary of Defense “This book is important, but not just because it tells you about a very significant past, but also because it helps you understand the future.” — George Shultz, former U.S. Secretary of State