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.

The Oxford Guide to Treaties

The Oxford Guide to Treaties
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.

The United States and Inter-American Security, 1889–1960

The United States and Inter-American Security, 1889–1960
Author: J. Lloyd Mecham
Publisher: University of Texas Press
Total Pages: 533
Release: 1961-01-01
Genre: Political Science
ISBN: 0292766300

Of the several regional arrangements that function within the United Nations, the most elaborate in organization and function is the Organization of American States. Although the United Nations holds the primary responsibility for preserving international peace, its charter concedes virtual autonomy to regional arrangements in dealing with matters considered appropriate for regional action. This latitude stimulated a trend toward regionalism which eventually posed the important question of how to preserve legitimate regionalism like Pan-Americanism without impairing the essential overall authority of the United Nations. Following an introductory description of all existing regional arrangements, this comprehensive case study examines every aspect of security cooperation in the Western Hemisphere in the mid-twentieth century: the historical origins and development of the inter-American system; the perfecting of the security structure; and, most important, the functioning of the system under test by controversies among the member nations, and by two world wars, the Korean emergency, and the aggressive threats of international Communism. Particular attention is given to the Cuban situation. This volume was the first to recognize, boldly and imaginatively, the overwhelming influence wielded in the OAS by the powerful and wealthy United States. This elastic association of one Great Power and twenty small states, based on a mutuality of interests and a common devotion to the principles of civilized international behavior, can be said to have reached full maturity in 1948 with the adoption of the OAS charter, which articulated the goals toward which it had been striving for fifty-eight years: sovereign equality, nonintervention, and consultation for the peaceful solution of disputes and for hemisphere defense. Ironically, just when the Good Neighbor Policy and the rise of Hitler seemed to have cemented inter-American relations, breaks in the solidarity began to appear. World War II produced new forces destined to profoundly alter the bases and objectives of inter-American cooperation. The “be good” policy began to change to a “do good” policy, and in diplomatic discussions, economic measures began to eclipse those concerned with peril to the peace and security of the hemisphere.