The Political Interpretation Of Multilateral Treaties

Author : Shirley Scott
Publisher : BRILL
Page : 231 pages
File Size : 41,9 Mb
Release : 2004-07-01
Category : Law
ISBN : 9789047413950

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The Political Interpretation of Multilateral Treaties by Shirley Scott Pdf

States have engaged in an intensive process of multilateral treaty making since World War Two despite the fact that few multilateral treaties have fully solved the problems they were designed to address. This inter-disciplinary study of multilateral treaties offers a balanced assessment of the function of multilateral treaties in world politics that draws out the political, as distinct from the legal, meaning of a treaty text. The treaty establishing a regime is regarded as an agreement to set some negotiated limits on pursuit of a common foreign policy goal so that full-blown pursuit of that goal will not bring the States into conflict nor jeopardize any State's pursuit of that goal. States are then able to continue pursuing that goal with, if anything, renewed vigour, albeit within the agreed limits. Theorising the relationship between a treaty text and its political context establishes a basis on which to critically reconceptualize regime effectiveness and on which to develop 'treaty strategy' for use by political actors, including international lawyers.

Author : Shirley V. Scott
Publisher : Brill Nijhoff
Page : 240 pages
File Size : 44,6 Mb
Release : 2004
Category : Law
ISBN : STANFORD:36105063890912

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The Political Interpretation of Multilateral Treaties by Shirley V. Scott Pdf

States have engaged in an intensive process of multilateral treaty making since World War Two despite the fact that few multilateral treaties have fully solved the problems they were designed to address. This inter-disciplinary study of multilateral treaties offers a balanced assessment of the function of multilateral treaties in world politics that draws out the political, as distinct from the legal, meaning of a treaty text. The treaty establishing a regime is regarded as an agreement to set some negotiated limits on pursuit of a common foreign policy goal so that full-blown pursuit of that goal will not bring the States into conflict nor jeopardize any State's pursuit of that goal. States are then able to continue pursuing that goal with, if anything, renewed vigour, albeit within the agreed limits. Theorising that relationship between a treaty text and its political context establishes a basis on which to critically reconceptualize regime effectiveness and on which to develop 'treaty strategy' for use by political actors, including international lawyers.

Author : Andrea Bianchi,Daniel Peat,Matthew Windsor
Publisher : Unknown
Page : 433 pages
File Size : 48,8 Mb
Release : 2015
Category : International law
ISBN : 9780198725749

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Interpretation in International Law by Andrea Bianchi,Daniel Peat,Matthew Windsor Pdf

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.

Author : Takashi Inoguchi,Lien Thi Quynh Le
Publisher : Springer Nature
Page : 267 pages
File Size : 41,5 Mb
Release : 2021-04-21
Category : Political Science
ISBN : 9789813344853

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Digitized Statecraft in Multilateral Treaty Participation by Takashi Inoguchi,Lien Thi Quynh Le Pdf

This book is a rarity in that it opens a genuinely creative new vista for understanding global politics as distinguished from international politics, enhancing the vision for understanding global subjects such as multilateral treaties and the Covid-19 virus. Six hundred multilateral treaties deposited in the UN are conceptualized as a bundle of quasi-social contracts by sovereign states. A state’s participation in multilateral treaties is envisaged as digitized statecraft. Using a state’s physical actions and treaties’ attributes, 193 profiles of statecraft are analyzed with the implications for the future of global politics. This book demonstrates that multilateral treaties are both a vehicle and an agency in the globalization trend; thus, both state and international actors influence a state’s joining multilateral treaties. The book represents a marriage of international law and applied information science. It provides a framework for empirical modeling based on artificial intelligence and analyzes this framework in terms of international law and international relations. This book thus creates a new understanding of global politics.

Author : United Nations. Treaty Section
Publisher : Unknown
Page : 0 pages
File Size : 46,6 Mb
Release : 2012
Category : Political Science
ISBN : 9210552938

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Treaty Handbook by United Nations. Treaty Section Pdf

Revised and updated, this handbook by the Treaty Section of the United Nations Office of Legal Affairs is intended as a contribution to UN efforts to assist States in becoming parties to the international treaty framework. It is written in simple language and, with the aid of diagrams and step-by-step instructions, touches upon many aspects of treaty law and practice. This handbook is designed for use by States, international organizations and other relevant entities. In particular, it is intended to provide some degree of assistance to States that may have scarce resources and limited technical proficiency in treaty law and practice to participate fully in the multilateral treaty framework.

Author : Vera Gowlland-Debbas
Publisher : Springer
Page : 145 pages
File Size : 42,9 Mb
Release : 2013-12-14
Category : Law
ISBN : 9789401769648

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Multilateral Treaty-Making by Vera Gowlland-Debbas Pdf

This book focuses on the impact of social change on the rules relating to the forms and procedures of treaty-making, but inevitably also comes to focus on the content of the norms themselves, where, as in human rights and the environment, they have had an impact on the form and procedure of the treaty. It is of great value to all practitioners, academics, and policy-makers involved with, or interested in, the treaty-making process.

Author : Helmut Philipp Aust,Georg Nolte
Publisher : Oxford University Press
Page : 384 pages
File Size : 52,7 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191059414

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The Interpretation of International Law by Domestic Courts by Helmut Philipp Aust,Georg Nolte Pdf

The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.

Author : Vera Gowlland-Debbas,Hassiba Hadj-Sahraoui,Nobuo Hayashi
Publisher : BRILL
Page : 155 pages
File Size : 44,9 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004480964

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Multilateral Treaty-Making by Vera Gowlland-Debbas,Hassiba Hadj-Sahraoui,Nobuo Hayashi Pdf

This book focuses on the impact of social change on the rules relating to the forms and procedures of treaty-making, but inevitably also comes to focus on the content of the norms themselves, where, as in human rights and the environment, they have had an impact on the form and procedure of the treaty. It is of great value to all practitioners, academics, and policy-makers involved with, or interested in, the treaty-making process.

Author : Ulf Linderfalk
Publisher : Springer
Page : 0 pages
File Size : 53,6 Mb
Release : 2010-11-22
Category : Law
ISBN : 904817614X

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On the Interpretation of Treaties by Ulf Linderfalk Pdf

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 : Anthony Aust
Publisher : Cambridge University Press
Page : 490 pages
File Size : 49,9 Mb
Release : 2000-05-25
Category : Law
ISBN : 052159846X

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Modern Treaty Law and Practice by Anthony Aust Pdf

A comprehensive treatment of the law of treaties written from the point of view of a practitioner of 35 years experience: the first book of its kind. Aust provides a wealth of examples of the real problems experienced in making and using treaties day by day, not just when a treaty is the subject of a court case. As such it is invaluable to the practitioner. Aust aims to supply the reader with a full and rounded understanding of all aspects of treaties. He avoids technical language as far as possible, making his work accessible to non-lawyers. Although not primarily an academic work, there is plenty to interest and inform law students and teachers (it has established itself as a course book), as well as those specialising in political science, international relations or diplomacy.

Author : Antonio Morelli
Publisher : BRILL
Page : 291 pages
File Size : 40,9 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004467644

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Withdrawal from Multilateral Treaties by Antonio Morelli Pdf

Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal. It examines the political and legal framework around treaty making to explain how withdrawal evolved over time and suggests ways to improve conditions for orderly withdrawal.

Author : Frederick Cowell
Publisher : Unknown
Page : 0 pages
File Size : 46,7 Mb
Release : 2022
Category : International law
ISBN : 1509938591

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The Law, Politics and Theory of Treaty Withdrawal by Frederick Cowell Pdf

"This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases but, they all use the same basic device in international law - a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed synthesis of them and situating them within the wider context of the international rule of law. Yet, the theoretical assumptions about State behaviour upon which the law of withdrawal rests are fracturing. For it to operate, as the final part of this study shows, States have to behave as rational actors, averse to damaging their reputation in international law and willing to accept the existence of a wider rule-bound framework. Using insights from international relations and critical legal theory this book unpacks how and why the law of withdrawal operates and the forces that threaten its operation in the future."--

Author : Edward Slavko Yambrusic
Publisher : Unknown
Page : 320 pages
File Size : 52,6 Mb
Release : 1987
Category : Political Science
ISBN : STANFORD:36105043956510

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Treaty Interpretation by Edward Slavko Yambrusic Pdf

Author : Duncan B. Hollis
Publisher : Oxford University Press
Page : 873 pages
File Size : 52,7 Mb
Release : 2012-08-09
Category : Law
ISBN : 9780199601813

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The Oxford Guide to Treaties by Duncan B. Hollis Pdf

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.

Author : Stephen C. McCaffrey
Publisher : LexisNexis
Page : 356 pages
File Size : 40,7 Mb
Release : 2006
Category : International law
ISBN : STANFORD:36105063699362

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Understanding International Law by Stephen C. McCaffrey Pdf

This clearly written Understanding treatise is designed to explain what international law is, why it exists, and the basic subjects it covers. The law of treaties is given particular attention, chiefly because of the increasing importance of the treaty in international life. The number of treaties has mushroomed since the Second World War and many of these agreements include over 100 states as parties. Because of their number and the breadth of their coverage, treaties are thus the main form of international legislation. But since they are also contractual in character, and since many multilateral treaties allow states to place conditions on their acceptance of them, the law governing treaties is necessarily more complex than if they were the exact equivalent of national legislation. Understanding International Law also provides introductory coverage of topics of current relevance, such as terrorism, international criminal law, use and applicability of international law in United States courts, and the law governing the use of military force.