On the Interpretation of Treaties

The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties

Author: Ulf Linderfalk

Publisher: Springer Science & Business Media

ISBN: 1402063628

Category: Law

Page: 414

View: 6583

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.

The Reception of International Law in the European Court of Human Rights

Author: Magdalena Forowicz

Publisher: Oxford University Press, USA

ISBN: 0199592675

Category: Law

Page: 421

View: 4945

The European Court of Human Rights increasingly refers to international law in its case law, but its interpretation of it is often problematic. This book examines whether the Court has been able to create a coherent approach to the evaluation of international law and, ultimately, whether it has been able to contribute to its development.

The Territorial Jurisdiction of the International Criminal Court

Author: Michail Vagias

Publisher: Cambridge University Press

ISBN: 1139916424

Category: Law

Page: N.A

View: 6215

There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.

International Law and Governance of Natural Resources in Conflict and Post-Conflict Situations

Author: Daniëlla Dam-de Jong

Publisher: Cambridge University Press

ISBN: 1316368688

Category: Law

Page: N.A

View: 1125

Natural resource wealth is conducive to a country's development. Nevertheless, the last few decades have shown a harsher reality, where natural resources have also triggered, financed or fuelled a number of internal armed conflicts. Examples include the armed conflicts in Cambodia, Sierra Leone, Liberia and the Democratic Republic of the Congo, which have been financed with the exploitation of a variety of valuable natural resources, including diamonds, gold, timber, oil and cocoa. The aim of this book is to assess the contribution of international law in ensuring that natural resources are used to promote development and to achieve sustainable peace instead of financing armed conflict. For this purpose, the author discusses the international legal framework for the governance of natural resources in States in general, in situations of armed conflict and as part of conflict resolution and post-conflict peacebuilding efforts.

Commentary on the 1969 Vienna Convention on the Law of Treaties

Author: Mark Eugen Villiger

Publisher: BRILL

ISBN: 9004168044

Category: Law

Page: 1

View: 1312

The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.

The Interpretation of Acts and Rules in Public International Law

Author: Alexander Orakhelashvili

Publisher: Oxford University Press on Demand

ISBN: 0199546223

Category: Law

Page: 594

View: 8564

This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.

Treaty Interpretation

Author: Richard Gardiner

Publisher: OUP Oxford

ISBN: 0191648043

Category: Law

Page: 544

View: 496

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.

The Law of State Succession

Author: D. P. O' Connell

Publisher: Cambridge University Press

ISBN: 1107594693

Category: Law

Page: 466

View: 6213

First published in 1956, this book formed part of the Cambridge Studies in International and Comparative Law series. The text presents an account regarding the legal principles governing the consequences of changes of sovereignty, focusing particularly on British practice during the preceding 150 years. The legal principles governing British practice are compared with those of other states in order to record the main points of doctrinal agreement or divergence. Special importance is given to practice following the Second World War, in particular the partition of British India in 1947. Tables of cases and statutes are included. This book will be of value to anyone with an interest in comparative and international law.

The Law of Treaties Beyond the Vienna Convention

Author: Enzo Cannizzaro,Mahnoush H. Arsanjani

Publisher: Oxford University Press

ISBN: 0199588910

Category: Law

Page: 464

View: 7470

This book offers a comprehensive analysis of the law of treaties as it emerges from the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. It revisits the basic concepts underlying the provisions of the Vienna Convention, so as to determine the actual state of the law and its foreseeable development. In doing so, it examines some of the most controversial aspects of the law of treaties. The book first explores the influence exerted by the Vienna Convention on pre-existing customary law. Certain rules of the Convention which, at the time of its adoption, appeared to fall within the realm of progressive development, can now be regarded as customary international rules. Conversely, a number of provisions of the Convention, in particular those which have been the subject of subsequent codification work by the International Law Commission, have become obsolete. It then examines the impact exerted by the Vienna Convention on the development of other fields of international law, such as the law of international responsibility and the law of international organizations. The last section of the book is devoted to cross-cutting issues, with particular reference to the notion of jus cogens - a concept first used in the Vienna Convention in connection with the problem of the validity of treaties and which, afterwards, has acquired a legal significance going well beyond the Convention. Written by a team of renowned international lawyers, this book offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Sovereignty and Interpretation of International Norms

Author: Carlos Fernández

Publisher: Springer Science & Business Media

ISBN: 3540682074

Category: Law

Page: 324

View: 3857

This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.

Treaty Interpretation by the WTO Appellate Body

Author: Isabelle Van Damme

Publisher: Oxford University Press on Demand

ISBN: 0199562237

Category: Political Science

Page: 419

View: 2482

The WTO dispute settlement system is unusually strong but not necessarily unique. How the Appellate Body reads the WTO covered agreements is not a matter of WTO law, it is a technique of general international law. The Appellate Body formulates its interpretation from within its function in the WTO institution as a juridical body. This book explains how the Appellate Body approaches the interpretation of the WTO covered agreements, and contributes to a moregeneral understanding of how treaties are interpreted in practice. It is as much about general international law as it is about WTO law.

The Ramsar Convention on Wetlands

Its History and Development

Author: Geoffrey Vernon Townsend Matthews

Publisher: N.A

ISBN: N.A

Category: Convention on Wetlands of International Importance Especially as Waterfowl Habitat

Page: 122

View: 8779

The Oxford Handbook of the History of International Law

Author: Bardo Fassbender,Anne Peters,Simone Peter

Publisher: OUP Oxford

ISBN: 019163252X

Category: Law

Page: 1272

View: 7003

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

The Rio Declaration on Environment and Development

A Commentary

Author: Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191510424

Category: Law

Page: 530

View: 4064

The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

The Philosophy of International Law

Author: Samantha Besson,John Tasioulas

Publisher: Oxford University Press

ISBN: 0199208581

Category: Law

Page: 611

View: 5364

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

Public International Law

Contemporary Principles and Perspectives

Author: Gideon Boas

Publisher: Edward Elgar Publishing

ISBN: 0857939564

Category: Law

Page: 400

View: 4105

'Gideon Boas's experience as an international litigator and his renown as an academic practitioner means he was well-placed to write a book on international law that both covers this growing field and enters it at key moments to illustrate important themes. This book accomplishes the difficult task of offering a wide-ranging perspective on the whole field, as well as conveying the ferment that surrounds it. Students of international law will derive great benefit from it.' – Gerry Simpson, University of Melbourne, Australia Public International Law offers a comprehensive understanding of international law as well as a fresh and highly accessible approach. While explaining the theory and development of international law, this work also examines how it functions in practice. Case studies and recent examples are infused in the discussion on each topic, and critical perspectives on the principles are given prominence, building an understanding of how and why the international legal system operates in the way it does and where it is heading. For each principle, the book starts by explaining the theoretical foundations in detail before illustrating how these principles function in practice. Features include: • a focus on fundamental principles of international law rather than specialist sub-topics; • integrated and contextual explanation of political and extra-legal dimension of international legal system; • principles of international law placed within a contemporary real-life context; • traditional and contemporary case studies explained in the context of legal principles; and • uniform structure to facilitate understanding. With insight founded on the author's many years of experience as a practitioner and academic in the field of international law, this work will offer legal practitioners, policy makers and students, both undergraduate and postgraduate, an invaluable insight into the field of international law.