Treaty Interpretation

Treaty Interpretation
Author: Richard Gardiner
Publisher: OUP Oxford
Total Pages: 1830
Release: 2008-06-19
Genre: Law
ISBN: 0191021679

This book explains the rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. The rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties now apply to virtually all treaties which may be encountered in an international context and also 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, and also some 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. Now that the codified rules of treaty interpretation have been in force for some twenty-five years, 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 book provides a guide to interpreting treaties properly in accordance with the modern rules.

Dangerous offenders - Recommendation CM/Rec(2014)3 and explanatory report

Dangerous offenders - Recommendation CM/Rec(2014)3 and explanatory report
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 58
Release: 2014-01-01
Genre: Law
ISBN: 9287178550

On 19 February 2014, the Committee of Ministers adopted Recommendation CM/Rec(2014)3 to member States concerning dangerous offenders. The main objective of the recommendation is to strike the right balance between the protection of public safety and the rights of offenders, particularly in relation to secure preventive detention. These considerations have been given further weight thanks to several European Court of Human Rights judgments. The recommendation defines the concept of a “dangerous offender” with a view to characterising more precisely this group of offenders and also considers how best to recommend their management and treatment. The recommendation acknowledges and promotes the idea that protecting the public from dangerous offenders must be carried out while respecting the fundamental rights of dangerous offenders and established legal guarantees. It also aims at establishing rules for the preparation of their release, which is important not only for the prisoner but for the protection of society, as it diminishes the risk of reoffending or recidivism. The recommendation is a useful text and a reference for governments, lawmakers, all relevant authorities, professionals, non-governmental organisations and associations which deal with dangerous offenders, as well as for the offenders themselves.

Treaty Interpretation

Treaty Interpretation
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.

Terrorism

Terrorism
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 403
Release: 2006-01-01
Genre: Law
ISBN: 9287158118

The beginning of the twenty-first century has seen a resurgence of terrorist attacks on a scale previously unimaginable. In response, the Council of Europe has examined key areas in which it could contribute to the international community¿s efforts in the fight against terrorism and identified the protection of witnesses and collaborators of justice as one of its priorities. In order to combat terrorism, states often rely on the testimony of people who are closely connected to terrorist groups and who are more vulnerable than others to the use of intimidation against them or against people close to them. This may endanger the success of prosecutions often based on long and complicated investigations. Strengthening international co-operation in this field is also a useful means to ensure the protection of those persons whose protection would prove difficult on a merely national basis, given the conditions in the country where they are located. The Council of Europe has extensive experience in this area, based on existing European conventions and other standards. This publication contains the recently adopted standards in this field as well as a survey of national laws and practice in Council of Europe member and observer states together with an analytical report.