The Interpretation of Acts and Rules in Public International Law

Author: Alexander Orakhelashvili
Publisher: Oxford University Press on Demand
ISBN: 0199546223
Format: PDF, Kindle
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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.

Interpretation in International Law

Author: Andrea Bianchi
Publisher: Oxford University Press, USA
ISBN: 0198725744
Format: PDF, Docs
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Interpretation in International Law is an innovative volume that foregrounds interpretation as central to the generation of legal meaning in international law. The book encourages international lawyers to reflect creatively on how they interpret international law, and to stimulate further research on interpretation in an innovative vein.

Interpretation in International Law

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 0191038709
Format: PDF, Mobi
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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.

The Evolutionary Interpretation of Treaties

Author: Eirik Bjorge
Publisher: OUP Oxford
ISBN: 0191025771
Format: PDF, Kindle
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If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

Unilateral Acts of States in Public International Law

Author: Przemyslaw Saganek
Publisher: BRILL
ISBN: 9004274618
Format: PDF, Docs
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In Unilateral Acts of States in Public International Law Przemysław Saganek discusses an important source of States’ obligations. The aim is to discover the nature of unilateral acts and possibilities of codifying them in a single set of rules.

Treaty Interpretation

Author: Richard Gardiner
Publisher: OUP Oxford
ISBN: 0191648043
Format: PDF, Kindle
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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.

40 Years of the Vienna Convention on the Law of Treaties

Author: Alexander Orakhelashvili
Publisher: BIICL
ISBN: 9781905221431
Format: PDF, ePub, Mobi
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Treaties form a basis for the daily conduct of international relations, and thus it is vital to see how they are made, amended, interpreted, and enforced. This volume presents insights into how the law of treaties has worked over the past 40 years, since the 1969 Vienna Convention was adopted as the comprehensive treaty to regulate the law of international agreements. The book capitalizes on 40 years of international experience, with a group of expert contributors describing and analyzing the subject. Multiple issues of the Convention are covered, including the aspects of conclusion, interpretation, reservation, amendment and modification, validity, and other issues.

Sourcebook on Public International Law

Author: Tim Hillier
Publisher: Cavendish Publishing
ISBN: 1843143801
Format: PDF
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This work is primarily aimed at the law student, although it may also be of relevance to those studying international relations. It covers the main topics of public international law and is designed to serve both as a textbook and as a case and materials book.

Dictionary of Public International Law

Author: Curtis F.J. Doebbler
Publisher: Rowman & Littlefield
ISBN: 153811125X
Format: PDF, ePub
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The Dictionary of Public International Law contains a chronology, an introduction, a glossary of foreign terms, a list of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries.

Understanding Common Law Legislation

Author: F. A. R. Bennion
Publisher: OUP Oxford
ISBN: 0191024481
Format: PDF, Kindle
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Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.