Intertemporal Linguistics In International Law

Author : Julian Wyatt
Publisher :
ISBN 13 : 9781509929528
Total Pages : 0 pages
Book Rating : 4.25/5 ( download)

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Download or read book Intertemporal Linguistics in International Law written by Julian Wyatt and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Author : Julian Wyatt
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929509
Total Pages : 321 pages
Book Rating : 4.04/5 ( download)

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Download or read book Intertemporal Linguistics in International Law written by Julian Wyatt and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Julian Wyatt
Publisher :
ISBN 13 :
Total Pages : 853 pages
Book Rating : 4.39/5 ( download)

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Download or read book An Original Or Modern-day Meaning for Treaty Terms? written by Julian Wyatt and published by . This book was released on 2017 with total page 853 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Georges Abi-Saab
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929908
Total Pages : 391 pages
Book Rating : 4.00/5 ( download)

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Download or read book Evolutionary Interpretation and International Law written by Georges Abi-Saab and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

Author : Ulf Linderfalk
Publisher : BRILL
ISBN 13 : 9004448071
Total Pages : 230 pages
Book Rating : 4.70/5 ( download)

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Download or read book Revisiting Proportionality in International and European Law written by Ulf Linderfalk and published by BRILL. This book was released on 2021-05-12 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.

Author : D. W. Greig
Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 174 pages
Book Rating : 4.88/5 ( download)

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Download or read book Intertemporality and the Law of Treaties written by D. W. Greig and published by British Institute for International & Comparative Law. This book was released on 2001 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Duncan B. Hollis
Publisher : Oxford University Press
ISBN 13 : 0192587749
Total Pages : 897 pages
Book Rating : 4.49/5 ( download)

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Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press. This book was released on 2020-05-28 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.

Author : Chuxiao Yu
Publisher : BRILL
ISBN 13 : 9004508597
Total Pages : 324 pages
Book Rating : 4.90/5 ( download)

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Download or read book Marine Scientific Research and the Regulation of Modern Ocean Data Collection Activities under UNCLOS written by Chuxiao Yu and published by BRILL. This book was released on 2022-10-17 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the strength and limit of UNCLOS in regulating "modern" ocean data collection activities, and proposes possible regulatory arrangements that fill the gaps for regulation of the said activities, if any, in the Convention.

Author : Nils-Hendrik Grohmann
Publisher : Mohr Siebeck
ISBN 13 : 316162825X
Total Pages : 331 pages
Book Rating : 4.52/5 ( download)

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Download or read book Strengthening the UN Human Rights Treaty Bodies written by Nils-Hendrik Grohmann and published by Mohr Siebeck. This book was released on 2024-03-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Seline Trevisanut
Publisher : BRILL
ISBN 13 : 9004422102
Total Pages : 252 pages
Book Rating : 4.00/5 ( download)

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Download or read book Regime Interaction in Ocean Governance written by Seline Trevisanut and published by BRILL. This book was released on 2020-06-08 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies problems raised by regime interaction in ocean governance, discusses relevant theoretical approaches and explores possible solutions. It ultimately highlights how regime interaction can also contribute to better ocean governance.