How Interpretation Makes International Law
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Treaty Interpretation
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Author : Richard K. Gardiner
language : en
Publisher:
Release Date : 2015
Treaty Interpretation written by Richard K. Gardiner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Treaty Interpretation, now in its second edition, explores and analyzes the rules for interpretation of treaties and their application in national and international jurisdictions.
The Theory Practice And Interpretation Of Customary International Law
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Author : Panos Merkouris
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
The Theory Practice And Interpretation Of Customary International Law written by Panos Merkouris and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-26 with Law categories.
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Evolutionary Interpretation And International Law
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Author : Georges Abi-Saab
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-05
Evolutionary Interpretation And International Law written by Georges Abi-Saab and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
"A conference in October 2018 at the University of Geneva."--Page 2.
On The Interpretation Of Treaties
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Author : Ulf Linderfalk
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-09-11
On The Interpretation Of Treaties written by Ulf Linderfalk and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-11 with Law categories.
1 PURPOSE AND TOPIC We live in the age of treaties. Increasingly, bilateral and multilateral written agreements are used for the creation of new international legal standards. For political reasons, states are decreasingly less willing to rely upon customary international law for the regulation of legal matters. New technology and growing international exchange have established the need for an ever more precise and flexible international law – a need not satisfactorily met by customary law. In many fields of activity, we can seriously question whether the creation of a rule of custom is at all possible. Considering also that the number of states capable of drafting and concluding treaties seems to be growing, it is not surprising that treaties are concluded far more frequently than ever before. In several ways this is a development that should be met with approval. By entering into written agreements, states avoid the difficulties inherent in customary international law. At the same time, the increasing number of treaties should also be causing concern. The more treaties that are concluded, the more treaties that will have to be applied; and the more treaties that are applied, the more often the question will arise: To what extent, and under what specific conditions, should such an application occur? Naturally, this includes the question of how treaties should be interpreted.
How Interpretation Makes International Law
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Author : Ingo Venzke
language : en
Publisher: Oxford University Press
Release Date : 2012-09-06
How Interpretation Makes International Law written by Ingo Venzke and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-06 with Law categories.
An account of how the practice of interpretation makes international law, drawing specific attention to the increasing authority of international courts and institutions, this book analyses the role that the language plays in shaping international law. It addresses the key issue of how it contributes to the evolution of international norms.
International Investment Law And Legal Theory
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Author : Jr̲g Kammerhofer
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-06
International Investment Law And Legal Theory written by Jr̲g Kammerhofer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-06 with Law categories.
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Patterns Of Treaty Interpretation As Anti Fragmentation Tools
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Author : Liliana E. Popa
language : en
Publisher: Springer
Release Date : 2017-12-29
Patterns Of Treaty Interpretation As Anti Fragmentation Tools written by Liliana E. Popa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-29 with Law categories.
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.
Between The Lines Of The Vienna Convention
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Author : Joseph Klingler
language : en
Publisher:
Release Date : 2018-12-11
Between The Lines Of The Vienna Convention written by Joseph Klingler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-11 with Law categories.
Between the Lines of the Vienna Convention? is a uniquely usefulhandbook that analyses certain particularly recognizable canons andprinciples of interpretation that are not expressly codified in the ViennaConvention, but that are arguably still authorized 'between the lines'. Thisvolume represents the first modern, freestanding analysis of such canons andprinciples, their utility in public international law, their role in treatyinterpretation and their relationship with the Vienna Convention regime.
The Interpretation Of International Law By Domestic Courts
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Author : Helmut Philipp Aust
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
The Interpretation Of International Law By Domestic Courts written by Helmut Philipp Aust and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-21 with Law categories.
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.
Judges And The Making Of International Criminal Law
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Author : Joseph Powderly
language : en
Publisher: BRILL
Release Date : 2020-06-08
Judges And The Making Of International Criminal Law written by Joseph Powderly and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-08 with Law categories.
In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function. Employing empirical, theoretical, and doctrinal methodologies, it interrogates the profile of the international criminal bench, judicial ethics, and the interpretative techniques that judges have utilized in their efforts to progressively develop international criminal law. Drawing on the work of Hersch Lauterpacht, it proposes a conception of the international criminal judicial function that places judicial creativity at its very heart. In doing so it argues that international criminal judges have a central role to play in ensuring that modern international criminal law continues to adapt to a volatile global environment, where accountability for crimes that shock the conscience of humanity is as much needed as at any moment in recent history.