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On the interpretation of treaties : the modern international law as expressed in the 1969 Vienna Convention on the Law of Treaties.
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ISBN: 1281067350 9786611067359 1402063628 140206361X 904817614X Year: 2007 Volume: v. 83 Publisher: Dordrecht, The Netherlands : Springer,

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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.

Keywords

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

The European Community, the European Union and the international law of treaties : a comparative legal analysis of the community and union's external treaty-making practice
Author:
ISBN: 9067041823 9789067041829 Year: 2004 Publisher: The Hague: Asser press,

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Keywords

European law --- Law of treaties --- Treaty-making power --- Treaties --- Interpretation and construction. --- European Union --- -Treaties --- -341.2422 --- Um4 --- Agreements, International --- Conventions (Treaties) --- International agreements --- International law --- International obligations --- Treaty power --- Constitutional law --- Executive power --- Legislative power --- Foreign relations administration. --- Interpretation and construction --- Law and legislation --- Vienna Convention on the Law of Treaties --- Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations --- 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 --- Foreign relations administration --- Traité --- Traités --- Pouvoir de conclusion --- Interprétation --- European Union countries --- Pays de l'Union européenne --- Relations extérieures --- Administration --- Treaty-making power - European Economic Community countries. --- Treaty-making power - European Union countries. --- Treaties - Interpretation and construction. --- -Foreign relations administration


Book
Vienna Convention on the Law of Treaties : a commentary
Authors: ---
ISBN: 3642192904 9786613448392 3642192912 1283448394 Year: 2012 Publisher: Heidelberg ; New York : Springer-Verlag Berlin Heidelberg,

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The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law.


Book
Public services and international trade liberalization
Author:
ISBN: 1139794280 1139889346 1139783815 1139782916 1139208098 1139776886 1139779923 1283746492 1139778404 9781139776882 9781139208093 9781139779920 9781283746496 9781139782913 9781107026568 1107026563 9781139794282 9781139889346 9781139783811 9781139778404 9781107471177 1107471176 Year: 2012 Publisher: Cambridge [UK] New York Cambridge University Press

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Does public service liberalization pose a threat to gender and human rights? Traditionally considered essential services provided by a state to its citizens, public services are often viewed as public goods which embody social values. Subjecting them to market ideology thus raises concerns that the intrinsic social nature of these services will be negated. Moreover, as those most likely to be reliant on public services, public service liberalization may also further marginalize women. Nevertheless, states continue to increasingly liberalize public services. Barnali Choudhury explores the implications of public service liberalization. Using primarily a legal approach, but drawing from case studies, empirical research and gender theories, she examines whether liberalization under the General Agreement on Trade in Services and other liberalization vehicles such as preferential trade and investment agreements compromise human rights and gender objectives.

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