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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Treaty Interpretation 2nd ed isbn 9780199669233

Treaty Interpretation


ISBN13: 9780199597048
New Edition ISBN: 9780199669233
Published: September 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2008)
Price: Out of print
Hardback edition out of print, ISBN13 9780199277919




Also available as
£25.82
+ £5.16 VAT

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.

  • Looks at one of the most salient topics of international law, how it is applied and interpreted in domestic institutions, filling an important gap in the literature
  • Close analysis of the rules of Treaty interpretation from the Vienna Convention on the Law of Treaties, and illustrated with practical case examples and state practice
  • Covers both national and international decisions
  • Analyses the general history, background, and development of the current rules of treaty interpretation

Subjects:
Public International Law
Contents:
Introduction
Part I - Overview, History, Materials, and Dramatis Personae
1: A Single Set of Rules of Interpretation
2: Development of Rules of Interpretation
3: Interpretative Material Generated in Making Treaties
4: Who Uses the Vienna Convention to Interpret Treaties?
Part II - Interpretation Applying the Vienna Convention on the Law of Treaties
5: The General Rule: (1) The Treaty, its Terms, and their Ordinary Meaning
6: The General Rule: (2) Agreements as Context, Subsequent Agreements, and Subsequent Practice
7: The General Rule: (3) Relevant Rules of International Law and Special Meanings
8: Supplementary Means of Interpretation
9: Languages;

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