Treaty Interpretation

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Publisher : Oxford University Press, USA
ISBN 13 : 0199669236
Total Pages : 577 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Treaty Interpretation by : Richard K. Gardiner

Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Vienna Conventions on the Law of Treaties

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Publisher : Oxford University Press, USA
ISBN 13 : 0199546649
Total Pages : 2171 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Vienna Conventions on the Law of Treaties by : Olivier Corten

Download or read book The Vienna Conventions on the Law of Treaties written by Olivier Corten and published by Oxford University Press, USA. This book was released on 2011 with total page 2171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field

Modern Treaty Law and Practice

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Publisher : Cambridge University Press
ISBN 13 : 1139467840
Total Pages : 611 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Modern Treaty Law and Practice by : Anthony Aust

Download or read book Modern Treaty Law and Practice written by Anthony Aust and published by Cambridge University Press. This book was released on 2007-10-18 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.

The Law of Treaties Beyond the Vienna Convention

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Publisher : American Chemical Society
ISBN 13 : 0199588910
Total Pages : 498 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Law of Treaties Beyond the Vienna Convention by : Mahnoush H. Arsanjani

Download or read book The Law of Treaties Beyond the Vienna Convention written by Mahnoush H. Arsanjani and published by American Chemical Society. This book was released on 2011-02-17 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reservations and Interpretative Declarations to Multilateral Treaties

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Publisher : North Holland
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Reservations and Interpretative Declarations to Multilateral Treaties by : Frank Horn

Download or read book Reservations and Interpretative Declarations to Multilateral Treaties written by Frank Horn and published by North Holland. This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being reservations and statements being interpretative

The Oxford Guide to Treaties

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Publisher :
ISBN 13 : 019884834X
Total Pages : 897 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Oxford Guide to Treaties by : Duncan B. Hollis

Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by . This book was released on 2020 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Handbook on Good Treaty Practice

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Publisher : Cambridge University Press
ISBN 13 : 1107111900
Total Pages : 533 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Handbook on Good Treaty Practice by : Jill Barrett

Download or read book Handbook on Good Treaty Practice written by Jill Barrett and published by Cambridge University Press. This book was released on 2020-03-12 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

From Bilateralism to Community Interest

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Publisher :
ISBN 13 : 0199588813
Total Pages : 1374 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis From Bilateralism to Community Interest by : Ulrich Fastenrath

Download or read book From Bilateralism to Community Interest written by Ulrich Fastenrath and published by . This book was released on 2011 with total page 1374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This festschrift, dedicated to Judge Bruno Simma, traces the development of international law from regulating bilateral state-to-state relationships towards strengthening the entire international community by protecting human security, the global environment, and human rights. It provides both theoretical and practical insights into these sometimes conflicting goals, their basis in international law, and the role played by international institutions charged with upholding these values and interests. The work thus examines the mechanism by which international law contributes to the realization not only of individual State interests, but the interests of the international community as a whole. From this vantage point, it looks at the various functions that international law fulfills in the international community, from law-making and institution-building towards adjudication and the securing of human rights. Taken together, the contributions to this book paints a detailed, but nevertheless comprehensive picture of the realization of community interest in contemporary international law. As professor and judge, Bruno Simma has contributed to all of these tasks: providing ground-breaking theoretical work, serving in the International Law Commission and in the Committee for Economic, Social, and Cultural Rights, and finally, as a judge at the International Court of Justice in The Hague. The three introductory chapters express this unity of life and work.

Final Clauses of Multilateral Treaties

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Publisher : New York : United Nations
ISBN 13 : 9789211335729
Total Pages : 125 pages
Book Rating : 4.3/5 (357 download)

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Book Synopsis Final Clauses of Multilateral Treaties by : United Nations. Treaty Section

Download or read book Final Clauses of Multilateral Treaties written by United Nations. Treaty Section and published by New York : United Nations. This book was released on 2003 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Harold in Italien

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Publisher : Council of Europe
ISBN 13 : 9789287138996
Total Pages : 224 pages
Book Rating : 4.1/5 (389 download)

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Book Synopsis Harold in Italien by : Jörg Polakiewicz

Download or read book Harold in Italien written by Jörg Polakiewicz and published by Council of Europe. This book was released on 1999-01-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes procedures for treaty-making & treaty application in the Council of Europe

Investment Treaties and the Legal Imagination

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Publisher : Oxford University Press, USA
ISBN 13 : 0198862148
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone

Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

Reservations to UN Human Rights Treaties

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Publisher : BRILL
ISBN 13 : 9004478485
Total Pages : 467 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Reservations to UN Human Rights Treaties by : Liesbeth Lijnzaad

Download or read book Reservations to UN Human Rights Treaties written by Liesbeth Lijnzaad and published by BRILL. This book was released on 2022-02-28 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Asian Yearbook of International Law, 1997

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041115331
Total Pages : 574 pages
Book Rating : 4.1/5 (153 download)

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Book Synopsis Asian Yearbook of International Law, 1997 by : Ko Swan Sik

Download or read book Asian Yearbook of International Law, 1997 written by Ko Swan Sik and published by Martinus Nijhoff Publishers. This book was released on 2001-03-01 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Asian Yearbook of International Law" is the first publication dedicated primarily to international law as seen from an Asian perspective. It provides international law articles written by experts from the region and other articles relating to Asian topics. The editorial board, national correspondents, advisory council, and governing board comprise a diverse group of academics and government officials from a wide range of countries and positions. The "Asian Yearbook of International Law" offers a number of useful features: - articles;- notes; - legal materials (such as the state practice in a number of Asian countries and participation in multilateral treaties); - Asia and international organizations; - chronicle of events for the covered year; - literature (including book reviews and a bibliography); - selected documents (treaties, agreements, and other relevant primary documents); and - an index. Its range of features assures that the "Yearbook" comprehensively covers the critical events, legislation, and issues of the past year and that users can easily access all of this information. Academics and practitioners who deal with international public law in Asia will appreciate this unique, complete resource. The "Asian Yearbook of International Law" provides insight into Asian views and practices, especially for non-Asian readers, and also promotes the dissemination of knowledge of international law in Asia. Some of the topics covered in this volume: the secession of Bangladesh in international law; the Asian Development Bank Administrative Tribunal; port state control: a comment on the Tokyo MOU; maritime jurisdiction over vessel-source pollution in the EEZ: the Chinese experience.

Conceptual and Contextual Perspectives on the Modern Law of Treaties

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Publisher : Cambridge University Press
ISBN 13 : 1107100526
Total Pages : 1171 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Conceptual and Contextual Perspectives on the Modern Law of Treaties by : Michael J. Bowman

Download or read book Conceptual and Contextual Perspectives on the Modern Law of Treaties written by Michael J. Bowman and published by Cambridge University Press. This book was released on 2018-10-25 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.

Static and Evolutive Treaty Interpretation

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Publisher : Cambridge University Press
ISBN 13 : 110711831X
Total Pages : 451 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Static and Evolutive Treaty Interpretation by : Christian Djeffal

Download or read book Static and Evolutive Treaty Interpretation written by Christian Djeffal and published by Cambridge University Press. This book was released on 2016 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.

Reservations to Human Rights Treaties and the Vienna Convention Regime

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Publisher : Springer
ISBN 13 : 9401760195
Total Pages : 334 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Reservations to Human Rights Treaties and the Vienna Convention Regime by : Ineta Ziemele

Download or read book Reservations to Human Rights Treaties and the Vienna Convention Regime written by Ineta Ziemele and published by Springer. This book was released on 2013-11-09 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties. This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.

The UN Human Rights Treaty System

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Publisher : BRILL
ISBN 13 : 9004482032
Total Pages : 831 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The UN Human Rights Treaty System by : Anne Bayefsky

Download or read book The UN Human Rights Treaty System written by Anne Bayefsky and published by BRILL. This book was released on 2021-10-18 with total page 831 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights treaties are at the core of the international system for the promotion and protection of human rights. Every UN member state has ratified at least one of these treaties, making them applicable to virtually every child, woman or man in the world - over six billion people. At the same time, human rights violations are rampant. The problem is that the implementation scheme accompanying the core human rights standards was drafted during a period of history when effective international monitoring was neither intended nor achievable. Today there is a gap between universal right and remedy that is inescapable and inexcusable, threatening the integrity of the international human rights legal regime. There are overwhelming numbers of overdue reports, untenable backlogs, minimal individual complaints from vast numbers of potential victims, and widespread refusal of states to provide remedies when violations of individual rights are found. This landmark Report prepared by Professor Bayefsky envisions a wide-ranging number of reforms, most of which can be accomplished without formal amendment. The recommendations generally assume a six treaty body regime, and focus primarily on offering concrete suggestions for improvements in working methods of the treaty bodies and procedures at the Office of the High Commissioner for Human Rights (OHCHR). Professor Bayefsky details numerous proposals for bolstering national level partnerships, and for following-up the output of the treaty monitoring system as a key missing component of the implementation regime. One major reform requiring amendment is ultimately recommended, namely, consolidation of the human rights treaty bodies and the creation of two permanent committees, one for the consideration of state reports and one for complaints. All individuals, agencies, and organizations involved in the promotion, implementation, review, analysis, and study of human rights protection for all peoples will find this Report an indispensable resource for their work. It contains a unique overview of all the working methods of the six human rights treaty bodies, a detailed and thorough statistical analysis of the operation of the human rights treaty system, and a number of additional annexes which together provide a thorough and comprehensive understanding of the treaty system. The international human rights legal system is at a crossroads, with the ideal of universality threatened by the fundamental shortfalls in effective implementation. This Report offers a clear and substantive path to moving universality beyond rhetoric and towards a treaty regime meaningful and effective in the lives of everyday people.