Treaty Interpretation
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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 | : Chang-fa Lo |
Publisher | : Springer |
Total Pages | : 368 |
Release | : 2017-10-31 |
Genre | : Law |
ISBN | : 9811068666 |
This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (such as the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.
Author | : Joseph Klingler |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 585 |
Release | : 2018-12-18 |
Genre | : Law |
ISBN | : 904118404X |
The 1969 Vienna Convention on the Law of Treaties makes no express reference to many of the most common canons and interpretative principles derived from international jurisprudence over many years. This volume represents the first modern, freestanding analysis of such canons and principles, their role in treaty interpretation and their relationship with the Vienna Convention regime. A top-flight roster of respected scholars and practitioners of public international law offers an in-depth examination of, among other things: • the origins of canons and interpretive principles; • their utility and limits in treaty interpretation; and • the application of numerous individual canons and interpretive principles, including effet utile, expressio unius, lex specialis, ejusdem generis, in dubio mitius, in pari materia, ex abundante cautela, the principles of contemporaneity and evolutive interpretation, and more. Extensive analysis of case law and scholarship provides insightful interpretive guidance across virtually every subfield of public international law. With its valuable insights into when the application of particular canons or principles of interpretation is most likely to be appropriate and persuasive, the volume will be of great value to lawyers representing parties (whether states, corporations or individuals) before international dispute resolution bodies, as well as to judges and arbitrators, legal officials at ministries of foreign affairs, and scholars of public international law.
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 | : 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 | : 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 | : 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 | : Malgosia Fitzmaurice |
Publisher | : BRILL |
Total Pages | : 396 |
Release | : 2010-05-31 |
Genre | : Law |
ISBN | : 9004182934 |
Interpretation has always had a prominent place in international adjudication, yet its role has been further enhanced during the last few decades with the expansion of the regulatory range of international law and the proliferation of international judicial bodies. In such a diverse new world and celebrating the 30 years since the entry into force of the VCLT, this Volume on Treaty Interpretation attempts a much needed re-examination of the issues of treaty interpretation. In the first part of this Volume the authors focus on the VCLT itself and examine the nature of interpretation and the normative content of the relevant provisions. In the second and third parts of the Volume the analysis turns to the characteristics of treaty interpretation as applied within two of the most important sectors of international law i.e. that of trade and investment law on the one hand and of human rights on the other. Such a two-tiered approach allows for a more comprehensive understanding of the content and function of the principles of interpretation as enshrined in Articles 31-33 of the VCLT.
Author | : Liliana E. Popa |
Publisher | : Springer |
Total Pages | : 409 |
Release | : 2017-12-29 |
Genre | : Law |
ISBN | : 3319654888 |
This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
Author | : Jörg Kammerhofer |
Publisher | : Cambridge University Press |
Total Pages | : 391 |
Release | : 2021-05-06 |
Genre | : Law |
ISBN | : 1108839177 |
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.