Treaty Interpretation Under The Vienna Convention On The Law Of Treaties

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Treaty Interpretation Under the Vienna Convention on the Law of Treaties

Chang-fa Lo
Treaty Interpretation Under the Vienna Convention on the Law of Treaties Book PDF

Author : Chang-fa Lo
Publisher : Springer
Page : 368 pages
File Size : 51,9 Mb
Release : 2017-10-31
Category : Law
ISBN : 9789811068669

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Treaty Interpretation Under the Vienna Convention on the Law of Treaties by Chang-fa Lo Pdf

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.

On the Interpretation of Treaties

Ulf Linderfalk
On the Interpretation of Treaties Book PDF

Author : Ulf Linderfalk
Publisher : Springer Science & Business Media
Page : 429 pages
File Size : 41,6 Mb
Release : 2007-09-11
Category : Law
ISBN : 9781402063626

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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.

Treaty Interpretation and the Vienna Convention on the Law of Treaties

M. Fitzmaurice,Olufemi A. Elias,Panos Merkouris
Treaty Interpretation and the Vienna Convention on the Law of Treaties Book PDF

Author : M. Fitzmaurice,Olufemi A. Elias,Panos Merkouris
Publisher : BRILL
Page : 397 pages
File Size : 54,6 Mb
Release : 2010
Category : Political Science
ISBN : 9789004181045

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Treaty Interpretation and the Vienna Convention on the Law of Treaties by M. Fitzmaurice,Olufemi A. Elias,Panos Merkouris Pdf

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.

Vienna Convention on the Law of Treaties

Oliver Dörr,Kirsten Schmalenbach
Vienna Convention on the Law of Treaties Book PDF

Author : Oliver Dörr,Kirsten Schmalenbach
Publisher : Springer
Page : 1535 pages
File Size : 51,7 Mb
Release : 2018-01-15
Category : Law
ISBN : 9783662551608

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Vienna Convention on the Law of Treaties by Oliver Dörr,Kirsten Schmalenbach Pdf

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.

Treaty Interpretation

Richard K. Gardiner
Treaty Interpretation Book PDF

Author : Richard K. Gardiner
Publisher : Oxford University Press, USA
Page : 577 pages
File Size : 49,5 Mb
Release : 2015
Category : Law
ISBN : 9780199669233

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Treaty Interpretation by Richard K. Gardiner Pdf

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.

Interpretation of Tax Treaties under International Law

F. A. Engelen
Interpretation of Tax Treaties under International Law Book PDF

Author : F. A. Engelen
Publisher : IBFD
Page : 615 pages
File Size : 51,5 Mb
Release : 2004
Category : Double taxation
ISBN : 9789076078724

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Interpretation of Tax Treaties under International Law by F. A. Engelen Pdf

This publication considers the interpretation of tax treaties primarily from the standpoint of public international law. The principal purpose of this study is to analyse and discuss the rules and principles of international law relevant to the interpretation of treaties in general, and their application to tax treaties in particular. The rules of international law enshrined in articles 31, 32 and 33 of the Vienna Convention on the Law of Treaties are therefore central to this study. Where appropriate, reference is made to the jurisprudence of the International Court of Justice, and to the law and procedure of other international court and tribunals. Considers also the extent to which the relevant rules and principles of international law are binding on domestic court and taxpayers. The importance of international law for the purpose of the interpretation of tax treaties is illustrated by a number of leading cases decided by the Dutch Supreme Court (Hoge Raad).

40 Years of the Vienna Convention on the Law of Treaties

Alexander Orakhelashvili,Sarah Williams
40 Years of the Vienna Convention on the Law of Treaties Book PDF

Author : Alexander Orakhelashvili,Sarah Williams
Publisher : BIICL
Page : 228 pages
File Size : 54,7 Mb
Release : 2010
Category : Treaties
ISBN : 1905221436

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40 Years of the Vienna Convention on the Law of Treaties by Alexander Orakhelashvili,Sarah Williams Pdf

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.

The Law of Treaties Beyond the Vienna Convention

Mahnoush H. Arsanjani
The Law of Treaties Beyond the Vienna Convention Book PDF

Author : Mahnoush H. Arsanjani
Publisher : American Chemical Society
Page : 498 pages
File Size : 41,9 Mb
Release : 2011-02-17
Category : Law
ISBN : 9780199588916

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The Law of Treaties Beyond the Vienna Convention by Mahnoush H. Arsanjani Pdf

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.

Vienna Convention on the Law of Treaties

Oliver Dörr,Kirsten Schmalenbach
Vienna Convention on the Law of Treaties Book PDF

Author : Oliver Dörr,Kirsten Schmalenbach
Publisher : Springer Science & Business Media
Page : 1412 pages
File Size : 43,6 Mb
Release : 2011-11-22
Category : Law
ISBN : 3642192912

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Vienna Convention on the Law of Treaties by Oliver Dörr,Kirsten Schmalenbach Pdf

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.

Contemporary Issues in the Law of Treaties

Malgosia Fitzmaurice,M. Fitzmaurice,O. A. Elias,Olufemi Elias
Contemporary Issues in the Law of Treaties Book PDF

Author : Malgosia Fitzmaurice,M. Fitzmaurice,O. A. Elias,Olufemi Elias
Publisher : Eleven International Publishing
Page : 416 pages
File Size : 41,9 Mb
Release : 2005
Category : Law
ISBN : 9789077596067

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Contemporary Issues in the Law of Treaties by Malgosia Fitzmaurice,M. Fitzmaurice,O. A. Elias,Olufemi Elias Pdf

This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.

Commentary on the 1969 Vienna Convention on the Law of Treaties

Mark Eugen Villiger
Commentary on the 1969 Vienna Convention on the Law of Treaties Book PDF

Author : Mark Eugen Villiger
Publisher : BRILL
Page : 1093 pages
File Size : 44,7 Mb
Release : 2009
Category : Law
ISBN : 9789004168046

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Commentary on the 1969 Vienna Convention on the Law of Treaties by Mark Eugen Villiger Pdf

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.

Treaty Interpretation

Richard K. Gardiner
Treaty Interpretation Book PDF

Author : Richard K. Gardiner
Publisher : Unknown
Page : 409 pages
File Size : 46,8 Mb
Release : 2008
Category : Treaties
ISBN : 0191773654

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Treaty Interpretation by Richard K. Gardiner Pdf

"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].

Interpretation in International Law

Andrea Bianchi,Daniel Peat,Matthew Windsor
Interpretation in International Law Book PDF

Author : Andrea Bianchi,Daniel Peat,Matthew Windsor
Publisher : Unknown
Page : 433 pages
File Size : 55,5 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.

Patterns of Treaty Interpretation as Anti-Fragmentation Tools

Liliana E. Popa
Patterns of Treaty Interpretation as Anti Fragmentation Tools Book PDF

Author : Liliana E. Popa
Publisher : Springer
Page : 390 pages
File Size : 40,9 Mb
Release : 2017-12-29
Category : Law
ISBN : 9783319654881

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Patterns of Treaty Interpretation as Anti-Fragmentation Tools by Liliana E. Popa Pdf

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.

Treaties and Subsequent Practice

Georg Nolte
Treaties and Subsequent Practice Book PDF

Author : Georg Nolte
Publisher : OUP Oxford
Page : 432 pages
File Size : 53,7 Mb
Release : 2013-06-13
Category : Law
ISBN : 9780191668425

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Treaties and Subsequent Practice by Georg Nolte Pdf

Under the relevant rules of international law, treaties are interpreted in accordance with the ordinary meaning of the language they use, their object and purpose, and the intention of the drafters, but also in light of the subsequent practice of its parties. This subsequent practice can shed light on articles whose meaning is ambiguous and subsequent agreement can even alter the meaning of treaty provisions. At a time when many of the most important international treaties are more than fifty years old, subsequent practice plays an increasingly important role in their interpretation. Treaties and Subsequent Practice discusses the role and relevance of this subsequent practice in the process of dynamic treaty interpretation. The book provides a comprehensive treatment of this topic by eminent commentators, combining contributions which focus on practical cases with chapters examining the theoretical underpinnings of treaty interpretation. The concept of subsequent practice is situated in the more general context of treaty law and international law, looking at different cases and doctrinal questions to assess its policy dimensions. The book addresses the question of whether subsequent practice plays a more or less significant role in different areas of international law, and whether it can be employed as a partial substitute for formal treaty amendments. It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.