Intertemporality And The Law Of Treaties
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Intertemporality And The Law Of Treaties
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Author : D. W. Greig
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2001
Intertemporality And The Law Of Treaties written by D. W. Greig and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
The purpose of this book is to examine a neglected area of treaty law: how is that law to deal with changes in the legal and factual environment of a treaty over a relatively lengthy time from the time it was made until the time it has to be applied? Concepts such as the intertemporal law and critical dates from territorial disputes may also be of relevance to treaties. With regard to the application of treaties, the rules concerning their validity or termination inevitably introduce temporal issues. As for the interpretation of treaties, perceptions of them are bound to change over time, not least because of factors extrinsic to a particular instrument. In the case of treaties of a law-making or constitutional nature, changing or emerging community values may well influence the outcome of the interpretative process. Finally, the question is addressed of whether it is appropriate for our interpreter to rely so heavily upon Articles 31 and 32 of the Vienna Convention on the Law of Treaties 1969 in the case of treaties concluded in a much earlier era.
Intertemporal Linguistics In International Law
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Author : Julian Wyatt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-12-12
Intertemporal Linguistics In International Law written by Julian Wyatt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-12 with Law categories.
Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law.
Introduction To The Law Of Treaties
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Author : Paul Reuter
language : en
Publisher: Routledge
Release Date : 1995
Introduction To The Law Of Treaties written by Paul Reuter and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Treaties categories.
First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
The Law Of Treaties
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Author : Scott Davidson
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Law Of Treaties written by Scott Davidson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
The centrality of treaties to the international legal system requires little emphasis. Not only is the treaty a source of law that the International Court of Justice (ICJ) is bound to apply when resolving international disputes, but it is also the medium through which the vast preponderance of international legal intercourse is now conducted. The essays contained in this informative volume disclose a wide variety of opinion on a broad range of issues concerning the conclusion, application and termination of treaties.
The Evolutionary Interpretation Of Treaties
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Author : Eirik Bjorge
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
The Evolutionary Interpretation Of Treaties written by Eirik Bjorge and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
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.
The Vienna Convention On The Law Of Treaties
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Author : Sir Ian McTaggart Sinclair
language : en
Publisher: Manchester University Press
Release Date : 1984
The Vienna Convention On The Law Of Treaties written by Sir Ian McTaggart Sinclair and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Treaties categories.
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.
Treaty Interpretation
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Author : Richard K. Gardiner
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Treaty Interpretation written by Richard K. Gardiner and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
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.
Interrogating The Treaty
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Author : Matthew C. R. Craven
language : en
Publisher:
Release Date : 2005
Interrogating The Treaty written by Matthew C. R. Craven and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Treaties categories.
This book "represents an attempt to highlight the breadth of debate, and the evident problems and divergences within current understandings of the law of treaties and to open up...serious discussion as to the theoretical, conceptual and practical dimensions of the law of treaties in the post-Vienna world".
Static And Evolutive Treaty Interpretation
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Author : Christian Djeffal
language : en
Publisher: Cambridge University Press
Release Date : 2016
Static And Evolutive Treaty Interpretation written by Christian Djeffal 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 2016 with Law categories.
How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.
The Concept Of Treaty In International Law
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Author : Jan Klabbers
language : en
Publisher: BRILL
Release Date : 2023-09-25
The Concept Of Treaty In International Law written by Jan Klabbers and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-25 with Law categories.
Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, ex hypothesi, treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called `soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.