Demystifying Treaty Interpretation

Author : Andrea Bianchi
Publisher : Cambridge University Press
ISBN 13 : 1108477380
Total Pages : 317 pages
Book Rating : 4.83/5 ( download)

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Download or read book Demystifying Treaty Interpretation written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2024-03-31 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helps the reader better understand what it is that international lawyers do when interpreting a treaty.

Author : Richard K. Gardiner
Publisher : Oxford University Press, USA
ISBN 13 : 0199669236
Total Pages : 577 pages
Book Rating : 4.33/5 ( download)

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Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Christian Djeffal
Publisher : Cambridge University Press
ISBN 13 : 110711831X
Total Pages : 451 pages
Book Rating : 4.17/5 ( download)

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Download or read book Static and Evolutive Treaty Interpretation written by Christian Djeffal and published by Cambridge University Press. This book was released on 2016 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.

Author : Andrea Bianchi
Publisher : Cambridge University Press
ISBN 13 : 1108846610
Total Pages : 317 pages
Book Rating : 4.15/5 ( download)

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Download or read book Demystifying Treaty Interpretation written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2024-03-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Will appeal to scholars, practitioners and general readers engaging with treaty interpretation at all levels and will enhance the reader's knowledge and mastery of the interpretive process. It will shed light on all those relevant elements and/or connections that the traditional rule-based approach to treaty interpretation largely overlooks.

Author : M. Fitzmaurice
Publisher : BRILL
ISBN 13 : 9004181040
Total Pages : 397 pages
Book Rating : 4.45/5 ( download)

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Download or read book Treaty Interpretation and the Vienna Convention on the Law of Treaties written by M. Fitzmaurice and published by BRILL. This book was released on 2010 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Ulf Linderfalk
Publisher : Springer Science & Business Media
ISBN 13 : 1402063628
Total Pages : 429 pages
Book Rating : 4.26/5 ( download)

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Download or read book On the Interpretation of Treaties written by Ulf Linderfalk and published by Springer Science & Business Media. This book was released on 2007-09-11 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Richard K. Gardiner
Publisher :
ISBN 13 : 9780191773655
Total Pages : 409 pages
Book Rating : 4.54/5 ( download)

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Download or read book Treaty Interpretation written by Richard K. Gardiner and published by . This book was released on 2008 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Richard Gardiner explains the rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties, and gives examples of their national and international application."--[Source inconnue].

Author : Andrea Bianchi
Publisher :
ISBN 13 : 0198725744
Total Pages : 433 pages
Book Rating : 4.49/5 ( download)

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Download or read book Interpretation in International Law written by Andrea Bianchi and published by . This book was released on 2015 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Sarah Dromgoole
Publisher : Cambridge University Press
ISBN 13 : 052184231X
Total Pages : 439 pages
Book Rating : 4.10/5 ( download)

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Download or read book Underwater Cultural Heritage and International Law written by Sarah Dromgoole and published by Cambridge University Press. This book was released on 2013-07-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first full-scale study of the international legal framework governing underwater cultural heritage to be published in nearly two decades.

Author : Liliana E. Popa
Publisher : Springer
ISBN 13 : 3319654888
Total Pages : 390 pages
Book Rating : 4.81/5 ( download)

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Download or read book Patterns of Treaty Interpretation as Anti-Fragmentation Tools written by Liliana E. Popa and published by Springer. This book was released on 2017-12-29 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.