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Exceptions in International Law

Exceptions in International Law


Exceptions in International Law

Edited by Lorand Bartels and Federica Paddeu

ISBN: 9780198789321 (Hardcover)
Publicado: 11 August 2020
Páginas: 432

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 of the 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.


Introduction, Bartels & Paddeu
Antonia Waltermann and Gustavo Arosemena, Exceptions in International Law, Jaap Hage
Rules and Exceptions, in Law and Elsewhere, Giovanni Sartor
Rules, Defeasibility, and the Psychology of Exceptions, Frederick Schauer
Seven Ways of Escaping a Rule: Of Exceptions and their Avatars in International Law, Jorge Viñuales
Defences and the Burden of Proof in International Law, Joost Pauwelyn
Derogation and Defeasibility in International Law, Giovanni Battista Ratti and Andrea Dolcetti
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!, André de Hoogh
Exceptions: self-defence as an exception to the prohibition on the use of force, Iain Scobbie
Defences in the Law of State Responsibility: A View from Jurisprudence, Luís Duarte d’Almeida
Clarifying the Concept of Circumstances Precluding Wrongfulness (Justifications) in International Law, Federica Paddeu
Freedom With Their Exception: Jurisdiction and Immunity as Rule and Exception, Antonios Tzanakopoulos and Eleni Methymaki
Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State, Valentin Jeutner
Good Faith and the Exercise of Treaty-Based Discretionary Powers, Ulf Linderfalk
The Construction of the Rebus Sic Stantibus Clause in Different Phases of International Law – Exception, Rule or Remote Spectator?, Robert Kolb
The Angst of the Exceptio Inadimplenti non est Adimplendum in International Law, Malgosia Fitzmaurice
Human Rights Exceptions, Kimberley Trapp
Exceptions in Multilateral Environmental Agreements, James Harrison
Defences in International Criminal Law – Exceptions in International Law?, Kai Ambos
Scope Limitation or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses, Caroline Henckels
Reasons, Institutions, Authorities: Three Models of Exceptions in WTO Law, Oisin Suttle


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 a Research Fellow at Queens’ College, Cambridge.


Kai Ambos, Chair of Criminal Law, Criminal Procedure, Comparative Law and International Criminal Law at the Georg-August-University Göttingen
Gustavo Arosemena, Teacher of International and European Law, Faculty of Law, Maastricht University
Lorand Bartels, Reader in International Law and Fellow of Trinity Hall, University of Cambridge
Luís Duarte d’Almeida, Professor of Jurisprudence, Edinburgh Law School, University of Edinburgh
Andrea Dolcetti, Junior Research Fellow, Trinity College, University of Oxford
Malgosia Fitzmaurice, Chair of Public International Law, Department of Law, Queen Mary University of London
Jaap Hage, Professor of Foundations and Methods of Law, Faculty of Law, Maastricht University
James Harrison, Professor of Environmental Law, Edinburgh Law School, University of Edinburgh
Caroline Henckels, Senior Lecturer, Faculty of Law, Monash University
André de Hoogh, Associate Professor in International Law, University of Groningen
Valentin Jeutner, Postdoctoral Fellow, Department of Law, Lund University
Robert Kolb, Professor of Public International Law, Faculty of Law, University of Geneva
Ulf Linderfalk, Professor at the Department of Law, Lund University
Eleni Methymaki, DPhil Candidate, Faculty of Law, University of Oxford
Federica Paddeu, John Tiley Fellow in Law, Queens’ College, University of Cambridge
Joost Pauwelyn, Professor of International Law, Graduate Institute of International and Development Studies and Murase Visiting Professor of Law, Georgetown University Law Center
Giovanni Battista Ratti, Associate Professor of Legal Philosophy, Tarello Institute for Legal Philosophy, Department of Law, University of Genoa
Giovanni Sartor, Professor of Legal Informatics and Legal Theory, European University Institute of Florence, and Professore di informatica giuridica, University of Bologna
Frederick Schauer, David and Mary Harrison Distinguished Professor of Law at the University of Virginia
Iain Scobbie, Professor of Public International Law, University of Manchester
Oisin Suttle, Assistant Professor of Law, Maynooth University
Kimberley Trapp, Professor of Public International Law, Faculty of Laws, University College London
Antonios Tzanakopoulos, Associate Professor of Public International Law, University of Oxford
Jorge Viñuales, Harold Samuel Chair of Law and Environmental Policy, University of Cambridge
Antonia Waltermann, Assistant Professor in Foundations and Methods of Law, Faculty of Law, Maastricht University

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