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: 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, Docs
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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.

Collective Security

Author: Alexander Orakhelashvili
Publisher: Oxford University Press
ISBN: 0199579849
Format: PDF, Kindle
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This is the first comprehensive study of the role, powers and functions of international institutions in the area of peace and security, including both inter-state wars and crises and intra-state situations such as civil wars and serious violations of the rights of individuals and peoples. It examines collective security as one single system consisting of the United Nations and regional security institutions, the foundation of which is laid in Chapter VIII of the UN Charter. The operation of this single system involves multiple ways of interaction between institutions, ranging from collaboration to confrontation. This study draws on the principles that determine the competence of collective security institutions and provide both the guidance for inter-institutional interaction and the criteria of legitimacy of decisions by the relevant institution. The treatment of this area, and of collective security as a whole, is premised on the consensual imperative that allows extending institutional powers only so far as states have delegated these powers to institutions. This impacts not only on which basis institutions can take action, but also the legal consequences of that action, including the issues of responsibility, judicial review, and implementation of institutional decisions by states--Publisher description.

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, Mobi
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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.

The Function of Public International Law

Author: Jan Anne Vos
Publisher: Springer Science & Business Media
ISBN: 9067048615
Format: PDF, ePub
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This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.