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Treaty Interpretation And The Vienna Convention On The Law Of Treaties
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Book Synopsis Treaty Interpretation and the Vienna Convention on the Law of Treaties: 30 Years on by : Malgosia Fitzmaurice
Download or read book Treaty Interpretation and the Vienna Convention on the Law of Treaties: 30 Years on written by Malgosia Fitzmaurice and published by BRILL. This book was released on 2010-05-31 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Treaty Interpretation Under the Vienna Convention on the Law of Treaties by : Chang-fa Lo
Download or read book Treaty Interpretation Under the Vienna Convention on the Law of Treaties written by Chang-fa Lo and published by Springer. This book was released on 2017-10-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 On the Interpretation of Treaties by : Ulf Linderfalk
Download or read book On the Interpretation of Treaties written by Ulf Linderfalk and published by Springer Science & Business Media. This book was released on 2007-09-11 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Treaty Interpretation and the Vienna Convention on the Law of Treaties by : M. Fitzmaurice
Download or read book Treaty Interpretation and the Vienna Convention on the Law of Treaties written by M. Fitzmaurice and published by BRILL. This book was released on 2010 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Vienna Convention on the Law of Treaties by : Oliver Dörr
Download or read book Vienna Convention on the Law of Treaties written by Oliver Dörr and published by Springer. This book was released on 2018-01-15 with total page 1535 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis 40 Years of the Vienna Convention on the Law of Treaties by : Alexander Orakhelashvili
Download or read book 40 Years of the Vienna Convention on the Law of Treaties written by Alexander Orakhelashvili and published by BIICL. This book was released on 2010 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Between the Lines of the Vienna Convention? by : Joseph Klingler
Download or read book Between the Lines of the Vienna Convention? written by Joseph Klingler and published by Kluwer Law International B.V.. This book was released on 2018-12-18 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Vienna Convention on the Law of Treaties by : Oliver Dörr
Download or read book Vienna Convention on the Law of Treaties written by Oliver Dörr and published by Springer Science & Business Media. This book was released on 2011-11-22 with total page 1412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Commentary on the 1969 Vienna Convention on the Law of Treaties by : Mark Eugen Villiger
Download or read book Commentary on the 1969 Vienna Convention on the Law of Treaties written by Mark Eugen Villiger and published by BRILL. This book was released on 2009 with total page 1093 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Sir Ian McTaggart Sinclair Publisher :Manchester University Press ISBN 13 :9780719014802 Total Pages :288 pages Book Rating :4.0/5 (148 download)
Book Synopsis The Vienna Convention on the Law of Treaties by : Sir Ian McTaggart Sinclair
Download or read book The Vienna Convention on the Law of Treaties written by Sir Ian McTaggart Sinclair and published by Manchester University Press. This book was released on 1984 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the key features of the Vienna Convention (reservations and modifications, application, interpretation, suspension and settlement of dispute), as well as discussing its scope and significance.
Book Synopsis Treaty Interpretation by : Richard K. Gardiner
Download or read book Treaty Interpretation written by Richard K. Gardiner and published by . This book was released on 2008 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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].
Book Synopsis Interpretation of Tax Treaties under International Law by : F. A. Engelen
Download or read book Interpretation of Tax Treaties under International Law written by F. A. Engelen and published by IBFD. This book was released on 2004 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis Evolutionary Interpretation and Other Developments of the Vienna Convention on the Law of Treaties by : Laura Sophie Thimm-Braun
Download or read book Evolutionary Interpretation and Other Developments of the Vienna Convention on the Law of Treaties written by Laura Sophie Thimm-Braun and published by GRIN Verlag. This book was released on 2019-04-11 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2019 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0, University of Vienna (Institut für Europa- und Völkerrecht), language: English, abstract: This essay is concerned with the ramifications of the interpretation of the Vienna Convention on the Law of Treaties. The Vienna Convention on the Law of Treaties, from now on referred to as VCLT, constitutes the "bible" of international practitioners. Like the United Nations Charter, the widespread clarity and intelligence of its drafting have enabled States to comply with the rules and adapt their practice without distorting or departing from the VCLT. The rules provide an important framework which is flexible enough for States to accommodate alternatives, variations and even developments in their state practice. The provisions of the VCLT leave the states room for individual concretisation. Some commentators say the VCLT has had its day and is incapable of dealing with the challenges of the 21st century. However, the VCLT has proved itself to be a most adaptable tool, as it was able to deal with challenges of the past decades. In order to do so, the provisions of the VCLT were clarified, modified, developed, or amended. This paper aims at discussing the development of several selected provisions of the VCLT as well as analysing the new types of interpretation, such as the evolutionary interpretation. The difference between the original provisions and the present state of the law will be outlined in this paper.
Book Synopsis Treaty Interpretation by : Richard Gardiner
Download or read book Treaty Interpretation written by Richard Gardiner and published by OUP Oxford. This book was released on 2015-06-18 with total page 544 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 Treaty Handbook by : United Nations. Treaty Section
Download or read book Treaty Handbook written by United Nations. Treaty Section and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
