Treaty Interpretation Under the Vienna Convention on the Law of Treaties

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Release : 2017-10-31
Genre : Law
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Book Rating : 666/5 ( reviews)

Treaty Interpretation Under the Vienna Convention on the Law of Treaties - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Treaty Interpretation Under the Vienna Convention on the Law of Treaties write by Chang-fa Lo. This book was released on 2017-10-31. Treaty Interpretation Under the Vienna Convention on the Law of Treaties available in PDF, EPUB and Kindle. 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.

Treaty Interpretation

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Release : 2015
Genre : Law
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Book Rating : 236/5 ( reviews)

Treaty Interpretation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Treaty Interpretation write by Richard K. Gardiner. This book was released on 2015. Treaty Interpretation available in PDF, EPUB and Kindle. 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.

Treaty Interpretation and the Vienna Convention on the Law of Treaties

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Release : 2010
Genre : Political Science
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Book Rating : 040/5 ( reviews)

Treaty Interpretation and the Vienna Convention on the Law of Treaties - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Treaty Interpretation and the Vienna Convention on the Law of Treaties write by M. Fitzmaurice. This book was released on 2010. Treaty Interpretation and the Vienna Convention on the Law of Treaties available in PDF, EPUB and Kindle. Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.

Between the Lines of the Vienna Convention?

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Release : 2018-12-18
Genre : Law
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Book Rating : 04X/5 ( reviews)

Between the Lines of the Vienna Convention? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Between the Lines of the Vienna Convention? write by Joseph Klingler. This book was released on 2018-12-18. Between the Lines of the Vienna Convention? available in PDF, EPUB and Kindle. 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.

On the Interpretation of Treaties

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Release : 2007-09-11
Genre : Law
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Book Rating : 628/5 ( reviews)

On the Interpretation of Treaties - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook On the Interpretation of Treaties write by Ulf Linderfalk. This book was released on 2007-09-11. On the Interpretation of Treaties available in PDF, EPUB and Kindle. 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.