ISBN:
9781402063626
Language:
English
Pages:
Online-Ressource
,
v.: digital
Edition:
Online-Ausg. Springer eBook Collection. Humanities, Social Science and Law Electronic reproduction; Available via World Wide Web
Series Statement:
Law and Philosophy Library 83
Parallel Title:
Druckausg. Linderfalk, Ulf, 1964 - On the interpretation of treaties
DDC:
340
Keywords:
Law
;
Law Philosophy
;
Comparative law
;
Public law
;
Comparative law
;
European Law/Public International Law
;
General Law/Fundamentals
;
International & Foreign Law/Comparative Law
;
Law Theory/Law Philosophy
;
Law Philosophy
;
Law
;
Public law
;
Völkerrechtlicher Vertrag
;
Auslegung
;
Convention de Vienne sur le droit des traités : 1969
Abstract:
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.
Abstract:
In the practice of modern international law, disputes as to the meaning of specific treaty provisions are a frequent occurrence. It is the assumption underlying any such dispute that in a process of interpretation a distinction has to be made between the legally correct and incorrect interpretation result. The legal correctness of an interpretation result is determined by reference to the relevant international law, as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT), Articles 31-33. The result of an interpretation process is correct when it can be successfully defended as being in accordance with the provisions of VCLT Articles 31-33. The result is incorrect when it cannot be so defended. Traditionally, the substance of Articles 31-33 has been described by reference to the various means of interpretation enumerated in said provisions, and little more than that. As argued in this book, more detail is required. On closer inspection, not only does the Vienna Convention provide information on the interpretation data (or means of interpretation) to be used by appliers when interpreting a treaty provision. It also instructs the appliers how, by using each datum, they shall argue to arrive at a conclusion about the meaning of the interpreted provision, and, to some extent, it determines the weight that different data of interpretation shall be afforded when appliers discover that, depending on the specific datum they bring to bear on the interpretation process, the conclusion arrived at will be different. Hence, the regime laid down in VCLT Articles 31-33 will have to be described as a system of rules. This book investigates the contents and structure of this system. By importing knowledge from linguistics, and pragmatics in particular, a model is established giving representation to the concept of a rule of interpretation. Drawing on this model, the book then proceeds to reconstruct the contents of the various rules of interpretation. To facilitate reference, the conclusions suggest a list of 44 rules, all of which can be invoked by appliers citing VCLT Articles 31-33.
Description / Table of Contents:
Front Matter; Introduction; The Rule Of Interpretation; Using Conventional Language ("The Ordinary Meaning"); Using the Context: The "Text" of a Treaty; Using the Context: The Elements Set Out in VCLT Article 31 2(A) AND (B); Using The Context: The Elements Set Out in VCLT Article 31 3; Using the Object and Purpose; Using the Supplementary Means of Interpretation; Using Supplementary Means of Interpretation (Cont'd); The Relationships Between Different Means of Interpretation; The Special Rule Regarding the Interpretation of Treaties Authenticated In Two Or More Languages
Description / Table of Contents:
Reflecting on the Outcome: International Law on a Scale Between Radical Legal Skepticism And The One-Right-Answer ThesisBack Matter
Note:
Includes bibliographical references (p. 397-408) and index
,
Electronic reproduction; Available via World Wide Web
DOI:
10.1007/978-1-4020-6362-6
URL:
Volltext
(lizenzpflichtig)
Permalink
