Treaty Interpretation And The Vienna Convention On The Law Of Treaties 30 Years On
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Treaty Interpretation And The Vienna Convention On The Law Of Treaties 30 Years On
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Author : Malgosia Fitzmaurice
language : en
Publisher: BRILL
Release Date : 2010-05-31
Treaty Interpretation And The Vienna Convention On The Law Of Treaties 30 Years On written by Malgosia Fitzmaurice and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-31 with Law 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.
40 Years Of The Vienna Convention On The Law Of Treaties
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Author : Alexander Orakhelashvili
language : en
Publisher: BIICL
Release Date : 2010
40 Years Of The Vienna Convention On The Law Of Treaties written by Alexander Orakhelashvili and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Treaties categories.
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.
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 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.
Vienna Convention On The Law Of Treaties
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Author : Oliver Dörr
language : en
Publisher: Springer
Release Date : 2018-01-15
Vienna Convention On The Law Of Treaties written by Oliver Dörr and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-15 with Law categories.
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.
Treaty Interpretation
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Author : Richard Gardiner
language : en
Publisher: OUP Oxford
Release Date : 2008-06-19
Treaty Interpretation written by Richard Gardiner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-19 with Law categories.
This book explains the rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. The rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties now apply to virtually all treaties which may be encountered in an international context and also 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, and also some 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. Now that the codified rules of treaty interpretation have been in force for some twenty-five years, 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 book provides a guide to interpreting treaties properly in accordance with the modern rules.
The Vienna Convention On The Law Of Treaties In Investor State Disputes
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Author : Esmé Shirlow
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-08-25
The Vienna Convention On The Law Of Treaties In Investor State Disputes written by Esmé Shirlow and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.
The Vienna Convention on the Law of Treaties (VCLT) – as the ‘treaty on treaties’ – has achieved a rich and nuanced track record of use in international law. It has now been over fifty years since the VCLT was opened for signature in 1969, and over forty years since it entered into force in 1980. As of 2022, the VCLT has been ratified by 116 States and signed by 45 others, with some non-ratifying States also recognising parts as reflective of customary international law. In the intervening decades, the VCLT has had a profound influence on the interpretation, application and development of international investment law, including in the context of investment treaty arbitration. This book presents the first consolidated analysis of how the VCLT has informed the practice of international investment law and the resolution of investor-State disputes, and the role that the VCLT may play in shaping the future of this field. The diverse contributors to this book are scholars and practitioners from around the world, who offer a variety of perspectives on the nexus between the VCLT, international investment law and investor-State dispute settlement (ISDS). Each chapter demonstrates how approaches to key issues of treaty law in investment treaty arbitration diverge or converge from the VCLT and approaches of other international courts, as well as the lessons that investment treaty arbitration could derive – or even offer – for the interpretation and application of the VCLT rules in other settings. Their insights and analyses consider aspects such as the role of the VCLT for: interpretation of more specific approaches to treaty law drafted by treaty negotiators; treaty application in circumstances of contested State territory or succession challenges; temporal challenges arising in treaty interpretation; the status of bilateral investment treaties between European Union Member States and related termination endeavours; questions concerning the validity, termination and amendment of investment treaties, including as part of ongoing ISDS reform processes; current multilateral reform proposals, including the possibility of an appellate mechanism or a multilateral investment court; grappling with the challenge of fragmentation in international investment law, including the role of prior decisions in treaty interpretation, the challenges introduced by treaty conflict and the multitude of approaches that may be taken by national courts when implementing treaties like the New York Convention; and treaty interpretation and drafting as aided by emerging technologies, such as data analytics, machine learning, smart contracts and blockchain. The book’s appendix provides a highly valuable tabular summary of ISDS arbitral practice relating to the VCLT, collating key references from over 350 different procedural orders, decisions and awards. By revisiting the role that the VCLT has played in the development of this field of law, this invaluable book unlocks insights into how the VCLT might be used to support its ongoing development and the resolution of the next generation of investor-State disputes. This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from its in-depth and practical analysis of the VCLT’s relevance to and impact on investment law and investor-State arbitration and its role in shaping where this field of public international law might be headed in the decades to come.
Contemporary Issues In The Law Of Treaties
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Author : Malgosia Fitzmaurice
language : en
Publisher: Eleven International Publishing
Release Date : 2005
Contemporary Issues In The Law Of Treaties written by Malgosia Fitzmaurice and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.
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.
Vienna Convention On The Law Of Treaties
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Author : Oliver Dörr
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-11-22
Vienna Convention On The Law Of Treaties written by Oliver Dörr 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 2011-11-22 with Law categories.
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.
