Treaty Interpretation And The Vienna Convention On The Law Of Treaties PDF Download
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Author | : M. Fitzmaurice |
Publisher | : BRILL |
Total Pages | : 397 |
Release | : 2010 |
Genre | : Political Science |
ISBN | : 9004181040 |
Download Treaty Interpretation and the Vienna Convention on the Law of Treaties Book 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.
Author | : Richard K. Gardiner |
Publisher | : Oxford University Press, USA |
Total Pages | : 577 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199669236 |
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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 | : Ulf Linderfalk |
Publisher | : Springer Science & Business Media |
Total Pages | : 429 |
Release | : 2007-09-11 |
Genre | : Law |
ISBN | : 1402063628 |
Download On the Interpretation of Treaties Book 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.
Author | : Chang-fa Lo |
Publisher | : Springer |
Total Pages | : 368 |
Release | : 2017-10-31 |
Genre | : Law |
ISBN | : 9811068666 |
Download Treaty Interpretation Under the Vienna Convention on the Law of Treaties Book 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.
Author | : Mahnoush H. Arsanjani |
Publisher | : American Chemical Society |
Total Pages | : 498 |
Release | : 2011-02-17 |
Genre | : Law |
ISBN | : 0199588910 |
Download The Law of Treaties Beyond the Vienna Convention Book in PDF, ePub and Kindle
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.
Author | : Mark Eugen Villiger |
Publisher | : BRILL |
Total Pages | : 1093 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004168044 |
Download Commentary on the 1969 Vienna Convention on the Law of Treaties Book in PDF, ePub and Kindle
The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.
Author | : Alexander Orakhelashvili |
Publisher | : BIICL |
Total Pages | : 228 |
Release | : 2010 |
Genre | : Treaties |
ISBN | : 9781905221431 |
Download 40 Years of the Vienna Convention on the Law of Treaties Book in PDF, ePub and Kindle
Treaties form a basis for the daily conduct of international relations, and thus it is vital to see how they are made, amended, interpreted, and enforced. This volume presents insights into how the law of treaties has worked over the past 40 years, since the 1969 Vienna Convention was adopted as the comprehensive treaty to regulate the law of international agreements. The book capitalizes on 40 years of international experience, with a group of expert contributors describing and analyzing the subject. Multiple issues of the Convention are covered, including the aspects of conclusion, interpretation, reservation, amendment and modification, validity, and other issues.
Author | : Oliver Dörr |
Publisher | : Springer |
Total Pages | : 1546 |
Release | : 2018-01-15 |
Genre | : Law |
ISBN | : 3662551608 |
Download Vienna Convention on the Law of Treaties Book in PDF, ePub and Kindle
The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.
Author | : Joseph Klingler |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 456 |
Release | : 2018-12-18 |
Genre | : Law |
ISBN | : 904118404X |
Download Between the Lines of the Vienna Convention? Book 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.
Author | : Oliver Dörr |
Publisher | : Springer Science & Business Media |
Total Pages | : 1414 |
Release | : 2011-11-22 |
Genre | : Law |
ISBN | : 3642192912 |
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The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law.