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States invoke economic crises and security threats to justify treaty non-compliance. The most dramatic recent examples of this phenomenon include "necessity" defences in international investment law; "emergency" derogations in international human rights treaties; "exceptions" for non-conforming measures in international trade law; and doctrinal misapplications of necessity in jus ad bellum and jus in bello. Necessity and National Emergency Clauses is the first to trace the doctrine's genealogy from medieval Christian and Islamic religious history to post-Westphalian practices, the International Law Commission's codifications, and modern treaty formulations. Recognizing the doctrine's thematic linkage with the State's sovereign right to delimit international obligation, the volume proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses within specialized treaty regimes. This volume is intended for law students, legal scholars, arbitrators, international judges, and other international law practitioners interested in deriving interpretive solutions to treaty controversies on the doctrine of necessity. Diane Desierto was awarded the 2010-2011 Ambrose Gherini Prize, the highest prize awarded in the field of International Law by Yale Law School, for her JSD dissertation, upon which this book is based.
In an effort to bridge the gap between budget theorists and practitioners, this book approaches local government budgeting as the internal resource allocation process of a highly differentiated organization that operates in a very political environment, and whose boundaries are particularly permeable during the formal budget process. Written by academics with extensive practical experience in local government budgeting and finance, this text will be equally useful to practitioners, scholars and students. Theory building in public budgeting has been dominated by political science and economics, and these approaches have not produced theories that can serve as guides to action for practitioners or help them understand their action environments. In order to produce theory that has meaning for practitioners, researchers should approach the subject as it is experienced by practitioners. The long-term financial health of local governments requires an integrated approach to public budgeting. This book develops theory that illuminates practice. It recognizes that the budget process is the only organization-wide process that integrates all of the agencies that comprise the government, and thus, the budget must address the long-term consequences of any action. The budget process itself is presented as a vehicle to develop the decision premises and organizational values that will support allocative efficiency and productivity.
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