Unit:
Κατεύθυνση Νομικές Διεθνείς Σπουδές με κατευθύνσεις: α) Δημόσιο Διεθνές Δίκαιο, β) Ευρωπαϊκό Δίκαιο,γ) Ιδιωτικό Διεθνές και Συγκριτικό ΔίκαιοLibrary of the School of Law
Supervisors info:
Αναστάσιος Γουργουρίνης, Λέκτορας, Νομική Σχολή, Εθνικό ΚΑΙ Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
«Exceptions, Derogations and Defences in International Law»
Translated title:
«Exceptions, Derogations and Defences in International Law»
Summary:
Exceptions, Defences and Derogations have been so far regarded by States and judicial organs as those “escape-clauses”, the invocation and application of which may absolve states from their international responsibility. The way they are interepreted every time States invoke them has caused great turbulences in the legal doctrine, as well as in Courts and Tribunals which still struggle to found their application on a sound, if not legally orthological, argument. Aiming at the activation of such clauses, the legal doctrine and the jurisprudence focus on the interpretation and application of their content, i.e the requirements defining the scope of application of exeptional rules. As part of the interpretation of such rules, decision-makers are always confined to the letter of every conventional or customary exceptional clause, striving to find legal space for the subjection of states’ conduct into the ambit of an exceptional rule. In other words, courts and tribunals confine their law-interpreting function into the bounds of states’ will, trying to justify a state action by applying either the exceptional conventional rule indicated by the state itself as an integral part of the applicable law, or a customary exception considered as a general “catch-all” provision to which judicial organs take shelter, in case they find that the requirements of the application of a special exceptional rule are not fulfilled. The present paper offers a critical analysis of the interplay among several exceptional rules from different legal regimes and “constructs the legal road” a judicial organ should follow in order to identify, interpret and apply exceptional rules either at the stage of jurisdiction or the merits of a case based on a concrete teleology and solid legal reasoning.
Main subject category:
Law and Legislation
Keywords:
exceptions, defences, international responsibility
Number of references:
173
File:
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EXCEPTIONS, DEROGATIONS AND DEFENCES IN INTERNATIONAL LAW.pdf
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File access is restricted only to the intranet of UoA.
