On the Interpretation of Treaties

Author: Ulf Linderfalk
Publisher: Springer Science & Business Media
ISBN: 1402063628
Format: PDF, Kindle
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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
Format: PDF, ePub, Mobi
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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 Principle of Legal Certainty in EC Law

Author: J. Raitio
Publisher: Springer Science & Business Media
ISBN: 9781402012174
Format: PDF
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The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases, which gives rise to the very question of legal certainty in EC law. This study contributes to the contemporary discussion, which wrestles with the following questions in particular: - What have been the visions and objectives for European integration in the last decades? - How to describe European Union as a political entity and a legal system? - What is the relationship between legal certainty, rule of law, various general principles and human rights? - What is the core of legal certainty on the basis of the case study? - What kind of legal arguments and patterns of justification are there from a comparative perspective? - How has the term 'legal certainty' been defined in the Nordic legal theory? - How predictable and acceptable are the interpretations of the European Court of Justice - is it "running wild"? Legal certainty relates to the principle of non-retroactivity and the protection of legitimate expectations in particular, but more profoundly it can be related to the conceptual scale for weighing up and balancing between formal justice and material fairness in legal decision-making. This scale is illustrated by presenting the terms 'formal', 'factual' and 'substantive' legal certainty.

Legal Institutions

Author: D.W. Ruiter
Publisher: Springer Science & Business Media
ISBN: 9781402001864
Format: PDF, ePub, Mobi
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Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.

Commentary on the 1969 Vienna Convention on the Law of Treaties

Author: Mark Eugen Villiger
Publisher: BRILL
ISBN: 9004168044
Format: PDF, ePub, Docs
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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 Language of Law and the Foundations of American Constitutionalism

Author: Gary L. McDowell
Publisher: Cambridge University Press
ISBN: 0521140919
Format: PDF, ePub
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"In this fine book, Gary McDowell shows that the Constitution is our fundamental law---not our master, but our guide and mentor. Only at our peril do we try to make it our servant."---Harvey Mansfield, Harvard University "Erudite and lucid: McDowell's book is a must-read for those who wish to understand the philosophical and linguistic roots of the originalist tradition of constitutional interpretation."-R. Kent Newmyer, University of Connecticut School of Law "This book adds a major dimension of depth to the case for guiding judicial interpretation of the Constitution by the original intent of the framers. McDowell articulates a deeply thought-provoking meditation, informed by a fertile understanding of key foundations for originalism articulated by major figures in political philosophy, in the common law, and among the Founders themselves who shaped the theorizing that informs our constitutional order."---Thomas Pangle, University of Texas at Austin "For several decades, Gary McDowell has been one of our most brilliant and learned students of law and political philosophy. This book is his summa, a profound defense of originalism as a moral Constitutional philosophy, a brilliant discourse on the framers and their philosophical forbears and successors, and a powerful handbook of strategy in what McDowell calls `the contemporary war for the Constitution.'This work is essential reading for anyone who cares about the Supreme Court and the Constitution, but it is more. It is, simply stated, one of this generation's most important contributions toward preserving the rule of law itself."---Stephen Presser, Northwestern University School of Law "In this timely book, the case against the so-called `living' constitution is so powerfully argued and so clearly presented that it cannot be ignored."---Gordon S. Wood, Brown University

Treaty Interpretation

Author: Richard K. Gardiner
Publisher: Oxford University Press, USA
ISBN: 0199669236
Format: PDF, ePub, Docs
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"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."--