Download or read book Demystifying Treaty Interpretation written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2024-03-31 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helps the reader better understand what it is that international lawyers do when interpreting a treaty.
Download or read book On the Interpretation of Treaties written by Ulf Linderfalk and published by Springer Science & Business Media. This book was released on 2007-09-11 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Patterns of Treaty Interpretation as Anti Fragmentation Tools written by Liliana E. Popa and published by Springer. This book was released on 2017-12-29 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Demystifying Treaty Interpretation written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2024-03-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Treaty Interpretation and the Vienna Convention on the Law of Treaties 30 Years on written by Malgosia Fitzmaurice and published by BRILL. This book was released on 2010-05-31 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Treaty Interpretation written by Edward Slavko Yambrusic and published by . This book was released on 1987 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press, USA. This book was released on 2012-08-09 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.
Download or read book Treaty Interpretation written by Richard K. Gardiner and published by . This book was released on 2008 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Richard Gardiner explains the rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties, and gives examples of their national and international application."--[Source inconnue].
Download or read book The Interpretation of Treaties written by Tsune-Chi Yü and published by . This book was released on 1927 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Treaty Interpretation written by Richard Gardiner and published by OUP Oxford. This book was released on 2008-06-19 with total page 1830 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Static and Evolutive Treaty Interpretation written by Christian Djeffal and published by Cambridge University Press. This book was released on 2016 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.
Download or read book The Interpretation of Treaties written by Tsune-Chi Yü and published by New York : Columbia University Press ; London : P.S. King & son, Limited. This book was released on 1927 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies treaty interpretation for two reasons, academic and judicial, with the goal of approaching the nature of the problem, studying the standards of interpretation, sources of evidence, and rules.
Download or read book Treaty Interpretation Under the Vienna Convention on the Law of Treaties written by Chang-fa Lo and published by Springer. This book was released on 2017-10-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Interpretation in International Law written by Andrea Bianchi and published by . This book was released on 2015 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Treaty Interpretation the Constitution and the Rule of Law written by John Norton Moore and published by . This book was released on 2001 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaty Interpretation addresses two important constitutional questions, whether the United States should follow the normal international legal standard in treaty interpretation rooted in the intent of the treaty parties or a new "dual'" standard of interpretation rooted in the intent of the Senate, and whether the Senate ever has constitutional authority to attach "domestic conditions" to treaties. This book has emerged from the work of the author as a consultant to the Arms Control Agency in preparing a detailed study on the respective views of Judge Sofaer and Senator Nunn in the 1980s "broad-narrow" debate as to the correct interpretation of the Anti-Ballistic Missile Treaty with the Soviet Union. This debate and the subsequent revisions to the Re-statement (Third International Conference) demonstrate the effect that one individual can have on the U.S. foreign policy. A glimpse of constitutional issues on treaty interpretations Professor Moore wrote from a personal perspective, giving your students a chance to feel the very human tension of one of the greatest debates of our time. With Treaty Interpretation, you will let your students see the people who are behind today's foreign policy, face-to-face. This text illustrates a real world example of constitutional theory in practice. The separation of powers, as envisioned by our constitutional framers, is a constant struggle. A living example of the struggle to preserve a balance is demonstrated in this text as the distribution of power to interpret and apply international agreements. Describes the corpus of international agreements The author carefully traces these impacts, differentiates them, and surfaces the nearly invisible, but profoundly important, constitutional issues in this "great debate." A must-have for those interested in constitutional treaty laws This book is a must for those concerned with treaty issues and constitutional law. This is an important reading for basic international law courses. About the Author John Norton Moore is one of the best-known international lawyers in the world. His writings on international law and constitutional dimensions of foreign policy have been read literally around the world. Among seven presidential appointments, most recently Professor Moore served for two terms as the Senate-Confirmed Chairman of the Board of Directors of the United States Institute of Peace. He has written and testified extensively on the constitutional issues and the conduct of United States foreign policy. He has also testified at Senate hearings on executive agreements and treaty terminations.
Download or read book Interpretation of Treaties written by Ravi Sharma Aryal and published by Deep and Deep Publications. This book was released on 2003 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Includes The Evolution Interpretation And The Approaches Of Treaties Interpretation And Also Covers A Study Of The Provisions Relating To Rules Of Interpretation Including The Interpretation Of Treaties Authenticated In Two Or More Languages.
