The Political Interpretation Of Multilateral Treaties
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The Political Interpretation Of Multilateral Treaties
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Author : Shirley Scott
language : en
Publisher: BRILL
Release Date : 2004-07-01
The Political Interpretation Of Multilateral Treaties written by Shirley Scott and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-07-01 with Law categories.
States have engaged in an intensive process of multilateral treaty making since World War Two despite the fact that few multilateral treaties have fully solved the problems they were designed to address. This inter-disciplinary study of multilateral treaties offers a balanced assessment of the function of multilateral treaties in world politics that draws out the political, as distinct from the legal, meaning of a treaty text. The treaty establishing a regime is regarded as an agreement to set some negotiated limits on pursuit of a common foreign policy goal so that full-blown pursuit of that goal will not bring the States into conflict nor jeopardize any State's pursuit of that goal. States are then able to continue pursuing that goal with, if anything, renewed vigour, albeit within the agreed limits. Theorising the relationship between a treaty text and its political context establishes a basis on which to critically reconceptualize regime effectiveness and on which to develop 'treaty strategy' for use by political actors, including international lawyers.
The Political Interpretation Of Multilateral Treaties
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Author : Shirley V. Scott
language : en
Publisher: Brill Nijhoff
Release Date : 2004
The Political Interpretation Of Multilateral Treaties written by Shirley V. Scott and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
States have engaged in an intensive process of multilateral treaty making since World War Two despite the fact that few multilateral treaties have fully solved the problems they were designed to address. This inter-disciplinary study of multilateral treaties offers a balanced assessment of the function of multilateral treaties in world politics that draws out the political, as distinct from the legal, meaning of a treaty text. The treaty establishing a regime is regarded as an agreement to set some negotiated limits on pursuit of a common foreign policy goal so that full-blown pursuit of that goal will not bring the States into conflict nor jeopardize any State's pursuit of that goal. States are then able to continue pursuing that goal with, if anything, renewed vigour, albeit within the agreed limits. Theorising that relationship between a treaty text and its political context establishes a basis on which to critically reconceptualize regime effectiveness and on which to develop 'treaty strategy' for use by political actors, including international lawyers.
Digitized Statecraft In Multilateral Treaty Participation
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Author : Takashi Inoguchi
language : en
Publisher: Springer Nature
Release Date : 2021-04-21
Digitized Statecraft In Multilateral Treaty Participation written by Takashi Inoguchi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-21 with Political Science categories.
This book is a rarity in that it opens a genuinely creative new vista for understanding global politics as distinguished from international politics, enhancing the vision for understanding global subjects such as multilateral treaties and the Covid-19 virus. Six hundred multilateral treaties deposited in the UN are conceptualized as a bundle of quasi-social contracts by sovereign states. A state’s participation in multilateral treaties is envisaged as digitized statecraft. Using a state’s physical actions and treaties’ attributes, 193 profiles of statecraft are analyzed with the implications for the future of global politics. This book demonstrates that multilateral treaties are both a vehicle and an agency in the globalization trend; thus, both state and international actors influence a state’s joining multilateral treaties. The book represents a marriage of international law and applied information science. It provides a framework for empirical modeling based on artificial intelligence and analyzes this framework in terms of international law and international relations. This book thus creates a new understanding of global politics.
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.
The Politics Of Treaty Interpretation
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Author : Joost Pauwelyn
language : en
Publisher:
Release Date : 2011
The Politics Of Treaty Interpretation written by Joost Pauwelyn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
International tribunals rely on interpretation of legal texts as a crucial tool in adjudication. What is puzzling is the increasingly wide variation we observe in treaty interpretation by international tribunals across policy areas and over time. The international relations (IR) literature has largely overlooked the factors that explain the extent and scope of treaty interpretation. While there is an extensive normative literature in international law (IL) as to the right way to interpret, empirical work still lacks mid-range theories to account for the observed variance of behaviour across international tribunals. This chapter tries to fill this gap by providing a conceptual toolkit inspired by IL and IR theories to approach the various types of interpretation (interpretation choices) and underlying explanations (demand side interpretation space and supply side interpretation incentives). In IL scholarship, attention has focused on the normative question of how treaties should be interpreted, especially with reference to the Vienna Convention on the Law of Treaties (VCLT) referring, in turn, to text, context, object and purpose and preparatory works of a treaty (Gardiner 2008; Van Damme 2009). These Vienna Convention rules apply, in principle, to all international tribunals irrespective of their institutional set-up, subject matter or geographical scope. Divergence between international tribunals in the practical application of these rules of treaty interpretation has been pointed out (Weiler 2010). Yet, categorizing where exactly international tribunals have diverged in their approach and, especially, thinking about what factors might explain these differences, has received little or no attention. Instead, divergence has been labelled as an incorrect application of the Vienna Convention rules or proof that these rules are outdated or should not fully apply to a particular tribunal (Klabbers 2010:33). This chapter leaves the normative issue aside and focuses on the descriptive and conceptual aspects: What is it that international tribunals actually do and how could this behaviour be explained, first, within the same tribunal operating over time and, second, across tribunals operating in different contexts or regimes? In IR scholarship, increasing attention has been paid to the role of international tribunals (e.g. in the broader “legalization” debate or as agents vs. trustees) and to the design of dispute settlement mechanisms in international agreements (Koremenos 2007; Alter 2008a). Other studies have addressed the effects of proliferation of international tribunals and forum-shopping (Drezner 2006; Busch 2007). In addition, most of the commitment literature in IR focuses on the question why states sign or ratify international agreements and what factors explain the degree of implementation of or compliance with international agreements. Yet, what has been largely overlooked is the stage between commitment and compliance, more specifically, the process by which commitments are interpreted in the first place. While many actors in the realm of international politics may eventually influence the way treaty obligations are interpreted (in particular, treaty parties themselves), the key institutions (and usually the last resort) engaging in this process are increasingly international tribunals (Romano 2007). These tribunals are called upon to engage in an interpretation, precisely because member states or other actors that may have standing cannot agree among themselves on a way to read the commitments. This chapter attempts to push the conceptual borders across both fields. After defining and discussing the increased importance of treaty interpretation (Part II), we first describe the five interpretation choices that international tribunals most commonly make (Part III). We then offer a framework that may explain these choices (Part IV). We provide illustrative examples to tease out our explanatory framework, but do not engage in proper empirical testing. At this stage, our goal is merely to demonstrate that tribunals have a varying degree of interpretation space within which they must select between different interpretative techniques. Understanding these techniques and the factors that may explain their adoption can, in turn, provide useful insights into the operation, role and optimal design of international tribunals.
On The Interpretation Of Treaties
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Author : Ulf Linderfalk
language : en
Publisher: Springer
Release Date : 2010-11-22
On The Interpretation Of Treaties written by Ulf Linderfalk and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-22 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.
Multilateral Treaty Making
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Author : Vera Gowlland-Debbas
language : en
Publisher: Springer
Release Date : 2013-12-14
Multilateral Treaty Making written by Vera Gowlland-Debbas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-14 with Law categories.
This book focuses on the impact of social change on the rules relating to the forms and procedures of treaty-making, but inevitably also comes to focus on the content of the norms themselves, where, as in human rights and the environment, they have had an impact on the form and procedure of the treaty. It is of great value to all practitioners, academics, and policy-makers involved with, or interested in, the treaty-making process.
Modern Treaty Law And Practice
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Author : Anthony Aust
language : en
Publisher: Cambridge University Press
Release Date : 2007-10-18
Modern Treaty Law And Practice written by Anthony Aust 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 2007-10-18 with Law categories.
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.
Modern Treaty Law And Practice
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Author : Anthony Aust
language : en
Publisher: Cambridge University Press
Release Date : 2013-10-24
Modern Treaty Law And Practice written by Anthony Aust 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 2013-10-24 with Law categories.
This new edition of a textbook first published in 2000 provides a comprehensive account of the law of treaties from the viewpoint of an experienced practitioner. As such, it is the first, and only, book of its kind. Aust provides a wealth of examples of the problems experienced with treaties on a daily basis, not just when they are the subject of a court case. He explores numerous precedents from treaties and other related documents, such as memorandums of understanding (MOUs), in detail. Using clear, accessible language, the author covers the full extent of treaty law, drawing examples from both treaties and MOUs. Modern Treaty Law and Practice is essential reading for teachers and students of law, political science, international relations and diplomacy, who have an interest in treaties.
Withdrawal From Multilateral Treaties
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Author : Antonio Morelli
language : en
Publisher: BRILL
Release Date : 2021-10-05
Withdrawal From Multilateral Treaties written by Antonio Morelli and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-05 with Law categories.
Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal. It examines the political and legal framework around treaty making to explain how withdrawal evolved over time and suggests ways to improve conditions for orderly withdrawal.