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Published: 10 March 2023

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1

Québec (Province). Ministère du travail. Direction des études et des politiques. Les Clauses "orphelin": Analyse de conventions collectives du secteur manufacturier. [Québec]: Ministère du travail, Direction des études et des politiques, 1999.

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2

travail, Québec (Province) Ministère du. Dispositions de conventions collectives en matière de concertation patronale-syndicale: Exemples de clauses relatives à la concertation relevées dans des conventions collectives. Québec]: Ministere du Travail, 2003.

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3

Québec (Province). Ministère du travail. Direction des études et des politiques. Les clauses "orphelin": Analyse de conventions collectives du secteur municipal et du secteur du commerce de détail, magasins d'alimentation. [Québec]: Ministère du travail, Direction des études et des politiques, 1999.

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4

La clause de limitation des bénéfices dans la convention de double imposition entre la Suisse et les Etats-Unis. Berne: Edition Haupt, 2008.

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5

Montgomery, Meigs William. The growth of the Constitution in the Federal Convention of 1787: An effort to trace the origin and development of each separate clause ... Littleton, Colo: F.B. Rothman, 1987.

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6

Viart, Thierry. La convention de l'amour-goût chez Claude Crébillon: Genèse et perspectives. Oxford: Voltaire Foundation, 1999.

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7

Mao, Junxiang. Guo ji ren quan tiao yue zhong de quan li xian zhi tiao kuan yan jiu: Study on limitation clauses of internatinal conventions on human rights. Beijing Shi: Fa lü chu ban she, 2011.

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8

Viljanen, Jukka. The European Court of Human Rights as a developer of the general doctrines of human rights law: A study of the limitation clauses of the European Convention on Human Rights. Tampere: Tampere University Press, 2003.

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9

Köhler, Martin F. Das UN-Kaufrecht (CISG) und sein Anwendungsausschluss: Unter besonderer Berücksichtigung der Benutzung allgemeiner Geschäftsbedingungen und der internationalen Rechtsprechung zum stillschweigenden Ausschluss. Frankfurt: Lang, 2007.

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10

Lögering, Martin P. CISG und internationale Handelsklauseln. Frankfurt am Main: P. Lang, 2008.

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11

New Jersey. Legislature. Joint Legislative Committee on Constitutional Reform and Citizens' Property Tax Constitutional Convention. Committee meeting of Joint Legislative Committee on Constitutional Reform and Citizens Property Tax Constitutional Convention: Testimony regarding the uniformity clause of the New Jersey State Constitution and exceptions to uniformity : [September 7, 2006, Trenton, New Jersey]. Trenton, N.J: The Unit, 2006.

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12

Convention, New Jersey Legislature Joint Legislative Committee on Constitutional Reform and Citizens' Property Tax Constitutional. Committee meeting of Joint Legislative Committee on Constitutional Reform and Citizens Property Tax Constitutional Convention: Testimony from invited speakers regarding alternative revenue sources to the property tax, including local option taxes and the NJ SMART homestead rebate program, and constitutional amendments to the debt limitation clause : [October 12, 2006, Trenton, New Jersey]. Trenton, N.J: The Unit, 2006.

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13

Millikan, Ruth Garrett. Out-Side Pragmatics. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198717195.003.0016.

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Out-side pragmatics concerns cases in which the referent of a construction is not fixed by the intentional content of the utterance but is a “natural referent,” fixed by the construction’s informational content. Examples are incomplete definite descriptions, clauses with unrestricted quantifiers, possessives. In these cases the linguistic sign contains a marker that conventionally directs a hearer to look outside of semantic content for a natural referent. Other times, although its referent is semantically determinate, the construction’s surface form is ambiguous in a way that requires looking outside for its natural referent, as is the case when someone starts talking about “Jane” or “Mary” without supplying any conventional indication of which Jane or Mary they are talking about.

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14

Eileen, Denza. Final Clauses. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0054.

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This chapter looks into Articles 48 to 53 of the Vienna Convention on Diplomatic Relations. Article 48 states that the Convention shall be open for signature by all States Members of the UN or any of the specialized agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention. Article 49 on the other hand states that the present Convention is subject to ratification, while Article 50 expresses that the Convention shall remain open for accession by any State. Article 51 enumerates the date of the enforcement of the ratifications submitted to the UN, and Article 52 states that the Secretary-General shall inform all States the deposit of instruments of ratification and the date of enforcement. Lastly, Article 53 states that the original texts of the Convention shall be deposited with the Secretary-General, who shall send certified copies thereof to all States.

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15

Paul D, Friedland, and Nyer Damien. 3 Drafting Considerations for Clauses Designating New York as the Place of Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198753483.003.0004.

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This chapter offers recommendations for drafting arbitration clauses that provide for international arbitration in New York. It addresses preliminary issues that, irrespective of the chosen seat of arbitration, must be considered. The literature on this topic is extensive and is summarized accordingly, but the basic rule when drafting an arbitration clause is to start with a model clause. This is so whether or not the clause provides for arbitration in New York. In addition, the chapter also discusses considerations that are specific to arbitration clauses designating New York as the place of arbitration, and offers proposed wording. And, as explained in Chapter 1, the arbitration law applicable to arbitrations located in New York stems from the Federal Arbitration Act (FAA), the New York Convention and the Panama Convention, and the New York Civil Practice Law and Rules (CPLR).

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16

Limitation on Benefits Clauses in Double Taxation Conventions. Wolters Kluwer Legal & Regulatory U.S., 2017.

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17

William A, Schabas. Part 13 Final Clauses: Clauses Finales, Art.120 Reservations/Réserves. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0125.

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This chapter comments on Article 120 of the Rome Statute of the International Criminal Court. Article 120 prohibits reservations to the Statute. The Vienna Convention on the Law of Treaties defines reservation as a unilateral statement, however phrased or named, made by a State when signing, ratifying, accepting, approving, or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. Although prohibiting reservations as such, the Statute authorizes certain declarations. Specifically, States may declare the language of correspondence and other details for purposes of legal assistance, and that they agree to accept prisoners from the Court. Two declarations expressly provided by the Rome Statute are, in reality, reservations. Both exclude the State Party from the subject-matter jurisdiction of the Court with respect to certain categories of crime.

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18

Akyüz, Yilmaz. Crisis Management and Resolution. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198797173.003.0005.

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This chapter argues that the conventional approach to the management and resolution of external financial crises in emerging economies is inefficient and inequitable and needs to be reformed. Such reforms need to account for increased complexities arising from deepened integration, notably the difficulties in differentiating between external and domestic debt in terms of their holders, currency denomination, and governing laws. Effective debt resolution mechanisms would be needed to bail-in creditors whether the crisis is one of liquidity or solvency, or due to private or sovereign debt, or locally or internationally issued external debt, particularly since crises caused by excessive private borrowing lead to large increases in public debt. Debt workouts should include temporary standstills, protection against creditor litigation, lending into arrears and debt restructuring and combine statutory and voluntary elements, including collective action clauses, duly reformed to avoid the kind of predicaments encountered during the Argentinian restructuring.

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19

Georg, von Segesser. IV Trust Arbitration as a Matter of International Law, 19 Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and on Their Recognition. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0019.

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This chapter examines the effect of the Hague Convention on the Law Applicable to Trusts and on their Recognition (Hague Trust Convention) on the law applicable to the arbitration of trust disputes. It also considers the extent to which arbitrators can apply the conflict of laws rules of the convention in cases where the parties have not agreed that these rules should govern the issues in dispute. The chapter is organized as follows. Section II addresses the selection of the applicable substantive law by arbitral tribunals in cases where the parties have not agreed on the applicable law. Sections III and IV cover international conventions and, in particular the Hague Trust Convention, as sources for the selection of the applicable law. Section V deals with the validity and effect of arbitration agreements while Section VI considers the effects of a choice of-law-clause and the binding effect of such a clause for the arbitral proceedings. Section VII addresses the effect of specific conflict of laws rules of the Hague Trust Convention on the law applicable to the merits in international trust arbitration disputes.

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20

Borrego, Felix Alberto Vega. Limitation on Benefits Clauses in Double Taxation Conventions (Eucotax Series on European Taxation). Kluwer Law International, 2005.

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21

St John, Taylor. Layering. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198789918.003.0007.

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Chapter six probes how investor–state arbitration was layered into investment treaties. The ICSID Secretariat played a pivotal role in the initial spread of clauses providing access to arbitration in treaties, and the available evidence does not bring forth any other actors that could have played this role. Shortly after the ICSID Convention came into force, the ICSID Secretariat released Model Clauses providing guidance on how to consent to ICSID’s jurisdiction, and as part of the World Bank, the Secretariat had privileged access to governments. At the Secretariat’s recommendation, governments even enshrined direct access to ICSID in their domestic law. The Secretariat’s promotion of advance consent in BITs was crucial for creating “investment treaty arbitration”: following the Secretariat’s advice, several European states inserted advance consent clauses in their model BITs, and these clauses subsequently became standard practice for BITs around the world.

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22

Vers une équité intergénérationnelle: Document de réflexion sur les clauses "orphelin" dans les conventions collectives. [Québec]: Ministère du travail, 1998.

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23

Karin, Oellers-Frahm. Part Eight Final Clauses, Article 38 of the 1951 Convention/Article IV of the 1967 Protocol. Oxford University Press, 2011. http://dx.doi.org/10.1093/actrade/9780199542512.003.0058.

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24

Robin, Geiß. Part Eight Final Clauses, Article 39 of the 1951 Convention/Article V of the 1967 Protocol. Oxford University Press, 2011. http://dx.doi.org/10.1093/actrade/9780199542512.003.0059.

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25

María‐Teresa, Gil‐Bazo. Part Eight Final Clauses, Article 41 of the 1951 Convention/Article VI of the 1967 Protocol. Oxford University Press, 2011. http://dx.doi.org/10.1093/actrade/9780199542512.003.0061.

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26

Alain, Pellet. Part Eight Final Clauses, Article 42 of the 1951 Convention/Article VII of the 1967 Protocol. Oxford University Press, 2011. http://dx.doi.org/10.1093/actrade/9780199542512.003.0062.

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27

Robin, Geiß. Part Eight Final Clauses, Article 43 of the 1951 Convention/Article VIII of the 1967 Protocol. Oxford University Press, 2011. http://dx.doi.org/10.1093/actrade/9780199542512.003.0063.

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28

Robin, Geiß. Part Eight Final Clauses, Article 44 of the 1951 Convention/Article IX of the 1967 Protocol. Oxford University Press, 2011. http://dx.doi.org/10.1093/actrade/9780199542512.003.0064.

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29

Robin, Geiß. Part Eight Final Clauses, Article 46 of the 1951 Convention/Article X of the 1967 Protocol. Oxford University Press, 2011. http://dx.doi.org/10.1093/actrade/9780199542512.003.0066.

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30

Kehler, Andrew, and Jonathan Cohen. On Convention and Coherence. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198791492.003.0014.

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A bedrock principle in pragmatics is that the linguistic signals produced by speakers generally underdetermine the meanings that are communicated to interpreters. For Grice, for instance, utterance meaning lies close to what is overtly encoded, allowing only for the resolution of indexicals, tense, reference, and ambiguity. Lepore and Stone (L&S) agree, but with a stunning twist: they analyze all extrasemantic content as being derived from ambiguity resolution, leaving no work for Gricean tools. Despite significant areas of concurrence with L&S, we ultimately find their analysis to be untenable. To establish this, we focus on a form of pragmatic enrichment that recruits coherence establishment processes to apply within the clause—‘eliciture’—for which we see no credible analysis in terms of ambiguity resolution. We argue that an adequate account of language understanding must recognize the robust roles of both ambiguity resolution and pragmatic enrichment, using tense interpretation as a case study.

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31

Cardoso, Adriana. Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198723783.003.0001.

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Chapter 1 contextualizes the book, outlines the methodology adopted, and presents the framework that underlies the research. It comprises three main sections. Section 1.1 presents a comprehensive overview of the three studies offered in the book (“Remnant-internal relativization,” “Extraposition of restrictive relative clauses,” and “Appositive relativization”). It includes the goals and results of each chapter and concrete examples of the relevant data. Section 1.2 addresses the main steps involved in the research (data collection and formal analysis) and the conventions used for data presentation. Section 1.3 presents the theoretical framework that underlies the research, considering four main topics: theory of grammar; grammar of relative clauses; information structure; and language change. This section is meant to be relevant and accessible to readers not versed in formal syntax theories.

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32

Michael F, Sturley. Part II To Arbitrate or Not to Arbitrate? The Grey Area of Contracts of Carriage, 6 The Modern International Conventions Governing the Carriage of Goods by Sea: The Lonely Exceptions to the Maritime Law’s Widespread Preference for Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198757948.003.0006.

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The two most recent international conventions governing the carriage of goods by sea—the Hamburg Rules and the Rotterdam Rules—include provisions that limit the enforcement of arbitration clauses in international commercial transactions. This chapter examines the arbitration provisions of those two recent conventions, explaining the theory behind their unusual approach. Although the arbitration provisions may seem illogical when considered in isolation, when examined in context they form a sensible part of a larger regime. Critics may question the policy choices that have been made in crafting those regimes, but those choices were largely driven by commercial considerations as affected stakeholders agreed on a compromise solution to a practical problem. In the end, the arbitration provisions are a sensible way to give effect to those policy choices.

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33

Nigel, Blackaby, Partasides Constantine, Redfern Alan, and Hunter Martin. 8 Arbitration under Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198714248.003.0008.

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This chapter describes the arbitration process under international investment treaties, in particular under the Washington Convention of 1965. This Convention aimed primarily to create a new arbitral forum for the resolution of disputes between investors and states by means of the inclusion of arbitration clauses in state contracts. The travaux préparatoires of the Convention also made clear that the consent of the state to arbitration could be established through the provisions of an investment law, which prompted many states to develop a programme of bilateral treaties for the promotion and protection of investments, so-called bilateral investment treaties (BITs), which set out protections in favour of foreign investment. The dramatic growth of BITs since the mid-1980s has led to the adoption of similar provisions in the ‘investment chapters’, or collateral agreements, to multilateral economic cooperation treaties, such as the Association of Southeast Asian Nations (ASEAN) Comprehensive Investment Agreement.

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34

Margaret L, Moses. IV Trust Arbitration as a Matter of International Law, 20 International Enforcement of an Arbitration Provision in a Trust: Questions Involving the New York Convention. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0020.

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This chapter considers whether an arbitration clause that requires all disputes arising out of a trust instrument to be arbitrated can be enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, more commonly known as the New York Convention. To address the question of whether a mandatory arbitration provision in a trust instrument falls within the scope of the Convention, a court must consider: whether the dispute is capable of settlement by arbitration; whether there is an agreement in writing to arbitrate the subject of the dispute and whether that agreement binds all the parties to arbitration; whether the dispute is foreign; in some cases, whether the agreement arises out of a legal relationship, contractual or not, which is considered ‘commercial’; and (v) in some cases, whether the agreement provides for arbitration in the territory of a state party to the convention (Contracting State).

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35

Tyler, Amanda L. Enshrining a Constitutional Privilege. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199856664.003.0006.

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The U.S. Constitution that emerged from the Constitutional Convention in 1787 created a stronger central government than had existed under the Articles of Confederation and for the first time established national courts. It also included the Suspension Clause, which provided: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” As explored in this chapter, a wealth of evidence from the Founding period demonstrates that in the Suspension Clause, the Founding generation sought to constitutionalize the protections associated with the seventh section of the English Habeas Corpus Act and import the English suspension model, while also severely limiting the circumstances when the suspension power could be invoked.

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36

Murray, Sarah E., and William B. Starr. Force and Conversational States. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198738831.003.0009.

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This essay sketches an approach to speech acts in which mood does not semantically determine illocutionary force. The conventional content of mood determines the semantic type of the clause in which it occurs, and, given the nature of discourse, that type most naturally lends itself to serving as a particular type of speech act, that is, to serving as one of the three basic types of language game moves-making an assertion (declarative); posing a question (interrogative); or proposing to one’s addressee(s) the adoption of a goal (imperative). This type of semantics for grammatical mood is illustrated with the imperative.

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37

Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part II Ambit of Protection, 5 Nationality. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0005.

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Chapter 5 examines the nationality of the claimant as a jurisdictional condition to the ambit of protections afforded by investment treaties. It first provides an overview of the nationality requirement in investment law before discussing the role of precedent in resolving three key controversial jurisdiction ratione personae issues: (1) the dual nationality of individuals; (2) the problems arising from corporations under foreign control; and (3) the restructuring of corporate nationality in order to seek to achieve the benefits of treaty protection. The chapter analyses the nationality and control requirements of both the ICSID Convention and of investment treaties themselves. It concludes with the effectiveness of denial of benefits clauses.

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38

Markus, Müller-Chen. United Nations Convention on the Limitation Period in the International Sale of Goods (1974)—Full Text, Part IV Final Clauses, Article 41: [Signature]. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723264.003.0154.

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39

Markus, Müller-Chen. United Nations Convention on the Limitation Period in the International Sale of Goods (1974)—Full Text, Part IV Final Clauses, Article 42: [Ratification]. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723264.003.0155.

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40

Markus, Müller-Chen. United Nations Convention on the Limitation Period in the International Sale of Goods (1974)—Full Text, Part IV Final Clauses, Article 43: [Accession]. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723264.003.0156.

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41

Markus, Müller-Chen. United Nations Convention on the Limitation Period in the International Sale of Goods (1974)—Full Text, Part IV Final Clauses, Article 45: [Denunciation]. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723264.003.0161.

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42

Ingeborg, Schwenzer, and Hachem Pascal. United Nations Convention on Contracts for the International Sale of Goods (1980)—Full Text, Part IV Final Provisions, Witness Clause. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723264.003.0110.

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43

Markus, Müller-Chen. United Nations Convention on the Limitation Period in the International Sale of Goods (1974)—Full Text, Part IV Final Clauses, Article 46: [Authentic languages]. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723264.003.0163.

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44

General clauses of the tneders called for the leasing and working of the railway and copies of tenders received in convention therewith, no. 39. [Québec?: s.n.], 1993.

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45

Ewan, McKendrick. Ch.6 Performance, s.2: Hardship, Introduction to Section 6.2 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0123.

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Section 6.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the concept of hardship. While hardship clauses are encountered with some frequency in international commercial contracts, few legal systems recognize a legal doctrine termed ‘hardship’. The innovative nature of Section 6.2 can be perceived by contrast with Art 79(1) of the United Nations Convention on Contracts for the International Sale of Goods (CISG). A discussion of Art 79 CISG, entitled ‘exemption’, leads on to a consideration of the relationship between force majeure and hardship. Hardship is most likely to be invoked in the context of long-term contracts where it is difficult, if not impossible, for the parties to make provision for every event that may have an impact on their contractual obligations.

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46

Pratt, Dorothy Overstreet. Sowing the Wind. University Press of Mississippi, 2017. http://dx.doi.org/10.14325/mississippi/9781496815460.001.0001.

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This book examines the Mississippi Constitutional Convention of 1890 and argues that it became the crucible of change in the state, creating a cultural shift from a society based on class to one based on race, though both remained important in the culture. State leaders called the convention to address the threat from outside the state – the Lodge Elections Bill – as well as the rising violence within the state. The convention delegates created layers of qualifiers for voting: payment of the poll tax, literacy, the Understanding Clause, no felony convictions, and lengthy residency requirements. In addition, the delegates utilized reapportionment to further strengthen provisions to disfranchise not only African Americans, but also a number of poor white voters. The newly promulgated constitution then withstood attacks by Congress during the debates over the Lodge Elections Bill and appeals to the federal courts, especially with Williams v Mississippi. The delegates succeeded in their charge to disfranchise, but in doing so unleashed new violence and a struggle to control the state that held it back economically and politically for seven decades.

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47

Markus, Müller-Chen. United Nations Convention on the Limitation Period in the International Sale of Goods (1974)—Full Text, Part IV Final Clauses, Article 44: [Entry into force]. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723264.003.0159.

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48

Yakut-Bahtiyar, Zarif. Exclusion Clauses of the Refugee Convention in Relation to National Immigration Legislations, European Policy and Human Rights Instrument: Article 1F Versus the Non-Refoulement Principle. Wolf Legal Publishers, W.L.P., 2015.

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49

Bernard H, Oxman. 18 Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0018.

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The settlement of disputes between States is generally not regulated by municipal law and municipal courts but by international law regulated by treaty. Because States are not subject to the jurisdiction of international tribunals absent express consent, an important function of dispute settlement clauses in treaties is to indicate whether such consent is granted and, if so, with respect to which disputes before which tribunals. This chapter discusses the following: the obligation of states to settle disputes peacefully; the duty to arbitrate or adjudicate disputes under the United Nations Convention on the Law of the Sea (LOSC); choice of forum for compulsory settlement of LOSC disputes; nature of dispute; procedural and substantive limitations on jurisdiction under Section 2 of Part XV of the LOSC; and institutional constraints on the exercise of jurisdiction.

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50

Roberts, Craige. Speech Acts in Discourse Context. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198738831.003.0012.

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This essay sketches an approach to speech acts in which mood does not semantically determine illocutionary force. The conventional content of mood determines the semantic type of the clause in which it occurs, and, given the nature of discourse, that type most naturally lends itself to a particular type of speech act, i.e. one of the three basic types of language game moves—making an assertion (declarative), posing a question (interrogative), or proposing to one’s addressee(s) the adoption of a goal (imperative). There is relative consensus about the semantics of two of these, the declarative and interrogative; and this consensus view is entirely compatible with the present proposal about the relationship between the semantics and pragmatics of grammatical mood. Hence, the proposal is illustrated with the more controversial imperative.

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