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Treaties And Subsequent Practice
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Book Synopsis Treaties and Subsequent Practice by : Georg Nolte
Download or read book Treaties and Subsequent Practice written by Georg Nolte and published by OUP Oxford. This book was released on 2013-06-13 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.
Book Synopsis Treaties and Subsequent Practice by : Georg Nolte
Download or read book Treaties and Subsequent Practice written by Georg Nolte and published by Oxford University Press. This book was released on 2013-06-13 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsequent practice by states is crucial to the interpretation of treaties. This book examines its potential to serve as a substitute for formal treaty amendments. It combines both practical and theoretical contributions on the subject and includes the reports of the International Law Commission's 'Treaties over Time' programme.
Book Synopsis Treaties and Subsequent Practice by : Georg Nolte
Download or read book Treaties and Subsequent Practice written by Georg Nolte and published by . This book was released on 2013 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Treaties and Subsequent Practice by : Georg Nolte
Download or read book Treaties and Subsequent Practice written by Georg Nolte and published by OUP Oxford. This book was released on 2013-06-13 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Modification of Treaties by Subsequent Practice by : Irina Buga
Download or read book Modification of Treaties by Subsequent Practice written by Irina Buga and published by Oxford University Press. This book was released on 2018 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the process of treaty modification by subsequent practice, explaining how such practice can significantly revise treaty obligations or even create new ones, allowing evolution of the law.
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.
Book Synopsis Subsequent Agreements and Subsequent Practice in Domestic Courts by : Katharina Berner
Download or read book Subsequent Agreements and Subsequent Practice in Domestic Courts written by Katharina Berner and published by Springer. This book was released on 2017-11-21 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses how subsequent agreements and subsequent practice as defined in articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties have been applied in interpretative reality. Based on the jurisprudence of domestic courts, it elucidates the distribution of power between the parties to a treaty and other actors. To start with, the book traces the origins of subsequent agreements and subsequent practice and places them in their broader legal context. Next, it explores the legal status and effects of subsequent agreements and subsequent practice, explains why such agreements are only rarely used, and defines the relevance of non-party practice in the interpretative process. In closing, it critically examines how domestic courts have approached the normative heart of subsequent practice, i.e. the notion of ‘agreement’. Thus, this book ultimately challenges the traditional assumption that the parties are the joint masters of the treaty.
Book Synopsis Treaties and their Practice by : Georg Nolte
Download or read book Treaties and their Practice written by Georg Nolte and published by BRILL. This book was released on 2019-03-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book describes the development of certain important treaties from the perspective of their practice, with a view to assessing whether these treaties are, or have been, on the “rise” or in “decline”. Following a glance at major European peace treaties prior to the UN Charter, the book focuses on developments over the last thirty years with respect to the UN Charter and its rules on the use of force, human rights treaties, the WTO agreements, investment treaties, and environmental treaties. It looks at these treaties from the perspective of an observer as well as from the perspective of a practitioner who is called to apply a treaty, taking into account the rules of interpretation under the Vienna Convention on the Law of Treaties. The book describes, in particular, how the International Law Commission has elucidated the significance of the rules of interpretation in its conclusions on “Subsequent agreements and subsequent practice in relation to the interpretation of treaties” (2018), and it connects this work with the broader developments.
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.
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.
Book Synopsis The Evolutionary Interpretation of Treaties by : Eirik Bjorge
Download or read book The Evolutionary Interpretation of Treaties written by Eirik Bjorge and published by Oxford University Press, USA. This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of whether the meaning of terms used in treaties can evolve over time is highly contentious within international law. This book examines how treaties should be interpreted, and how best to marry the intention of the parties to the treaty with the changing socio-political context over time.
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 2018-10-31 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.
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 Oxford University Press. This book was released on 2012-08-09 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Treaties in Motion by : Malgosia Fitzmaurice
Download or read book Treaties in Motion written by Malgosia Fitzmaurice and published by Cambridge University Press. This book was released on 2020-06-25 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.
Book Synopsis Interpretation of Treaties by : Ravi Sharma Aryal
Download or read book Interpretation of Treaties written by Ravi Sharma Aryal and published by Deep and Deep Publications. This book was released on 2003 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Includes The Evolution Interpretation And The Approaches Of Treaties Interpretation And Also Covers A Study Of The Provisions Relating To Rules Of Interpretation Including The Interpretation Of Treaties Authenticated In Two Or More Languages.
Book Synopsis Treaty Interpretation by the WTO Appellate Body by : Isabelle Van Damme
Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme and published by . This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
