Treaty Interpretation

Treaty Interpretation

Author: Richard K. Gardiner

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 577

ISBN-13: 0199669236

DOWNLOAD EBOOK

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 Law of Treaties Beyond the Vienna Convention

The Law of Treaties Beyond the Vienna Convention

Author: Mahnoush H. Arsanjani

Publisher: American Chemical Society

Published: 2011-02-17

Total Pages: 498

ISBN-13: 0199588910

DOWNLOAD EBOOK

This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.


The Oxford Guide to Treaties

The Oxford Guide to Treaties

Author: Duncan B. Hollis

Publisher:

Published: 2020

Total Pages: 897

ISBN-13: 019884834X

DOWNLOAD EBOOK

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 Concept of Treaty in International Law

The Concept of Treaty in International Law

Author: Jan Klabbers

Publisher: Martinus Nijhoff Publishers

Published: 1996-04-03

Total Pages: 332

ISBN-13: 9789041102447

DOWNLOAD EBOOK

Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, "ex" "hypothesi," treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.


International Law: A Very Short Introduction

International Law: A Very Short Introduction

Author: Vaughan Lowe

Publisher: OUP Oxford

Published: 2015-11-26

Total Pages: 145

ISBN-13: 0191576204

DOWNLOAD EBOOK

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.


The Oxford Handbook of United Nations Treaties

The Oxford Handbook of United Nations Treaties

Author: Simon Chesterman

Publisher:

Published: 2019

Total Pages: 737

ISBN-13: 0190947845

DOWNLOAD EBOOK

This book brings together world experts on the United Nations and international law, to examine not only the content of that legal regime but how it has been transformed since the second half of the twentieth century.


The Sources of International Law

The Sources of International Law

Author: Hugh Thirlway

Publisher: Oxford University Press

Published: 2014-02

Total Pages: 262

ISBN-13: 0199685398

DOWNLOAD EBOOK

Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.


Developments of International Law in Treaty Making

Developments of International Law in Treaty Making

Author: Rudiger Wolfrum

Publisher: Springer Science & Business Media

Published: 2005-03-29

Total Pages: 656

ISBN-13: 9783540252993

DOWNLOAD EBOOK

The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.


The Evolutionary Interpretation of Treaties

The Evolutionary Interpretation of Treaties

Author: Eirik Bjørge

Publisher:

Published: 2014

Total Pages: 241

ISBN-13: 0198716141

DOWNLOAD EBOOK

If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.