Demystifying Treaty Interpretation
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Author | : Andrea Bianchi |
Publisher | : Cambridge University Press |
Total Pages | : 317 |
Release | : 2024-03-14 |
Genre | : Law |
ISBN | : 1108846610 |
Will appeal to scholars, practitioners and general readers engaging with treaty interpretation at all levels and will enhance the reader's knowledge and mastery of the interpretive process. It will shed light on all those relevant elements and/or connections that the traditional rule-based approach to treaty interpretation largely overlooks.
Author | : Duncan B. Hollis |
Publisher | : |
Total Pages | : 897 |
Release | : 2020 |
Genre | : Law |
ISBN | : 019884834X |
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.
Author | : Andrea Bianchi |
Publisher | : Cambridge University Press |
Total Pages | : 317 |
Release | : 2024-03-31 |
Genre | : Law |
ISBN | : 1108477380 |
Helps the reader better understand what it is that international lawyers do when interpreting a treaty.
Author | : Richard K. Gardiner |
Publisher | : Oxford University Press, USA |
Total Pages | : 577 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199669236 |
The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
Author | : Christian Djeffal |
Publisher | : Cambridge University Press |
Total Pages | : 451 |
Release | : 2016 |
Genre | : Law |
ISBN | : 110711831X |
How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.
Author | : Andrea Bianchi |
Publisher | : |
Total Pages | : 433 |
Release | : 2015 |
Genre | : International law |
ISBN | : 0198725744 |
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Author | : Ulf Linderfalk |
Publisher | : Springer Science & Business Media |
Total Pages | : 429 |
Release | : 2007-09-11 |
Genre | : Law |
ISBN | : 1402063628 |
This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.
Author | : Carlos Fernández de Casadevante y Rom |
Publisher | : Springer Science & Business Media |
Total Pages | : 325 |
Release | : 2007-06-06 |
Genre | : Law |
ISBN | : 3540682074 |
This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.
Author | : Anne Orford |
Publisher | : Cambridge University Press |
Total Pages | : 395 |
Release | : 2021-08-05 |
Genre | : History |
ISBN | : 1108480942 |
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Author | : John Reynolds |
Publisher | : Cambridge University Press |
Total Pages | : 343 |
Release | : 2017-08-10 |
Genre | : Law |
ISBN | : 1107172519 |
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.