On The Interpretation Of Treaties
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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.
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.
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.
Treaty Interpretation Under The Vienna Convention On The Law Of Treaties
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Author : Chang-fa Lo
language : en
Publisher: Springer
Release Date : 2017-10-31
Treaty Interpretation Under The Vienna Convention On The Law Of Treaties written by Chang-fa Lo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-31 with Law categories.
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.
Interpretation Of Tax Treaties Under International Law
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Author : F. A. Engelen
language : en
Publisher: IBFD
Release Date : 2004
Interpretation Of Tax Treaties Under International Law written by F. A. Engelen and has been published by IBFD this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Double taxation categories.
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).
Interpretation In International Law
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Author : Andrea Bianchi
language : en
Publisher:
Release Date : 2015
Interpretation In International Law written by Andrea Bianchi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with International law categories.
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Interpretation Of Treaties
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Author : Ravi Sharma Aryal
language : en
Publisher: Deep and Deep Publications
Release Date : 2003
Interpretation Of Treaties written by Ravi Sharma Aryal and has been published by Deep and Deep Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Treaties categories.
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.
Demystifying Treaty Interpretation
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Author : Andrea Bianchi
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-31
Demystifying Treaty Interpretation written by Andrea Bianchi 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 2024-03-31 with Law categories.
Helps the reader better understand what it is that international lawyers do when interpreting a treaty.
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.
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.
Treaty Interpretation And The Vienna Convention On The Law Of Treaties
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Author : M. Fitzmaurice
language : en
Publisher: BRILL
Release Date : 2010
Treaty Interpretation And The Vienna Convention On The Law Of Treaties written by M. Fitzmaurice and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Political Science categories.
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.