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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 Convention’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 Convention’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.
Verdrag van Wenen inzake het verdragenrecht (1969) --- Verdragenrecht. --- Treaties. --- Agreements, International --- Conventions (Treaties) --- International agreements --- Treaties --- International law --- International obligations --- Law and legislation --- Vienna Convention on the Law of Treaties --- Choyakpŏp e kwanhan Pienna Hyŏbyak --- Convenção de Viena sobre o direito dos tratados --- Convención de Viena sobre el derecho de los tratados --- Convención sobre derecho de tratados --- Convenio de Viena sobre el derecho de los tratados --- Convenția de la Viena cu privire la dreptul tratatelor --- Convention de Vienne sur le droit des traités --- Convention on the Law of Treaties --- Convenzione di Vienna sul diritto dei trattati --- Symvasē tēs Viennēs gia to Dikaio tōn Synthēkōn --- Wiener Konvention über das Vertragsrecht --- Wiener Vertragsrechtskonvention --- Konvensi Wina --- 341.37 --- Ra2 --- Traités --- Droit international --- Traités --- Convention de Vienne sur le droit des traités (1969) --- Sources --- Droit
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Interpretation has always had a prominent place in international adjudication, yet its role has been further enhanced during the last few decades with the expansion of the regulatory range of international law and the proliferation of international judicial bodies. In such a diverse new world and celebrating the 30 years since the entry into force of the VCLT, this Volume on Treaty Interpretation attempts a much needed re-examination of the issues of treaty interpretation. In the first part of this Volume the authors focus on the VCLT itself and examine the nature of interpretation and the normative content of the relevant provisions. In the second and third parts of the Volume the analysis turns to the characteristics of treaty interpretation as applied within two of the most important sectors of international law id est that of trade and investment law on the one hand and of human rights on the other. Such a two-tiered approach allows for a more comprehensive understanding of the content and function of the principles of interpretation as enshrined in Articles 31-33 of the VCLT.
Treaties --- Treaties. --- Agreements, International --- Conventions (Treaties) --- International agreements --- International law --- International obligations --- Interpretation and construction. --- Law and legislation --- Vienna Convention on the Law of Treaties --- Choyakpŏp e kwanhan Pienna Hyŏbyak --- Convenção de Viena sobre o direito dos tratados --- Convención de Viena sobre el derecho de los tratados --- Convención sobre derecho de tratados --- Convenio de Viena sobre el derecho de los tratados --- Convenția de la Viena cu privire la dreptul tratatelor --- Convention de Vienne sur le droit des traités --- Convention on the Law of Treaties --- Convenzione di Vienna sul diritto dei trattati --- Symvasē tēs Viennēs gia to Dikaio tōn Synthēkōn --- Wiener Konvention über das Vertragsrecht --- Wiener Vertragsrechtskonvention --- Konvensi Wina --- Treaties - Interpretation and construction
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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.
Treaties --- Interpretation and construction. --- Vienna Convention on the Law of Treaties --- Choyakpŏp e kwanhan Pienna Hyŏbyak --- Convenção de Viena sobre o direito dos tratados --- Convención de Viena sobre el derecho de los tratados --- Convención sobre derecho de tratados --- Convenio de Viena sobre el derecho de los tratados --- Convenția de la Viena cu privire la dreptul tratatelor --- Convention de Vienne sur le droit des traités --- Convention on the Law of Treaties --- Convenzione di Vienna sul diritto dei trattati --- Symvasē tēs Viennēs gia to Dikaio tōn Synthēkōn --- Wiener Konvention über das Vertragsrecht --- Wiener Vertragsrechtskonvention --- Konvensi Wina --- Philosophy (General). --- Sources and Subjects of International Law, International Organizations. --- Public International Law . --- Theories of Law, Philosophy of Law, Legal History. --- Private International Law, International & Foreign Law, Comparative Law . --- Philosophy, general. --- Fundamentals of Law. --- International law. --- Public international law. --- Law—Philosophy. --- Law. --- Private international law. --- Conflict of laws. --- Philosophy. --- Mental philosophy --- Humanities --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law of nations --- Nations, Law of --- Public international law --- Civil law
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