Treaty interpretation

by Richard K. Gardiner

Publisher: Oxford University Press in New York

Written in English
Published: Downloads: 373
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Subjects:

  • Treaties -- Interpretation and construction

Edition Notes

Includes bibliographical references and index.

Statementby Richard K. Gardiner.
Classifications
LC ClassificationsKZ1304 .G37 2008
The Physical Object
Paginationp. cm.
ID Numbers
Open LibraryOL18534598M
ISBN 109780199277919
LC Control Number2008014025

  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 i.e. that of trade and investment law on the one hand and of human rights on the other. Get this from a library! Treaty interpretation. [Richard K Gardiner] -- "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.   'Treaty interpretation is analysed in the wider context of the law of treaties, of which Gardiner has unparalleled knowledge. It is very rarely that the whole subject of treaty interpretation is dealt with in such detail in one study, and the achievement of the author is therefore even more significant The book will undoubtedly become a classic study on the interpretation of treaties - of 5/5(2). Article 2 Use of terms. 1. For the purposes of the present Convention: (a) “treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments andFile Size: KB.

  This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT).Author: Chang-fa Lo. Looking at tax treaties from a practical and planning point of view, the book provides an insight into treaty interpretation and application in a number of countries. Written by an expert in the field and taking the practical approach rather that the academic, this truly is an essential global tool for the tax adviser. Treaty interpretation: A tale of two stories 4 I. Introduction Since the signing of Treaty 1 in , the Crown and the Anishinabe2 have disputed the terms, understandings and obligations that arise out of the Size: KB. This chapter analyses the principal elements of the general rule for treaty interpretation under Article 31 of the Vienna Convention. It focuses on the components of article 31(1): (1) a treaty; (2) good faith; (3) ordinary meaning of terms; (4) context; and (5) object and purpose. These components constitute the first part of the general rule for interpretation of treaties. The chapter Author: Richard Gardiner.

  BOOK REVIEW TREATY INTERPRETATION Second Edition By Richard Gardiner Oxford University Press The Oxford International Law Library ISBN: 0 3 FOR INTERNATIONAL LAWYERS: THE.   An important theme underlying Orakhelashvili's book is the principle of effective interpretation The basis for all interpretation in international law is said to lie with the treaty text and an overarching principle of effectiveness In his words, ‘the principle of effectiveness is aimed at construing the original consent and agreement Cited by: [Michael Waibel is a University Lecturer in Law at the University of Cambridge and Deputy Director of the Lauterpacht Centre for International Law.] The rise of distinct interpretive communities goes hand in hand with the much debated topic of fragmentation in international law. Even though the VCLT’s role in treaty interpretation has been studied extensively, how interpretive communities.

Treaty interpretation by Richard K. Gardiner Download PDF EPUB FB2

This book provides a guide to interpreting treaties properly in accordance with the Treaty interpretation book rules for treaty interpretation which are codified in the 'Vienna Convention on the Law of Treaties'.

These rules now apply to virtually all treaties both in an international context and within many national legal systems where treaties have an impact on a large and growing range of matters/5(3).

This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT).Format: Hardcover.

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 : Oxford University Press.

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 Ratings: 0.

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, this book explains the rules for interpretation of treaties and gives examples of their application in national and.

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Second Edition. Richard Gardiner Oxford International Law Library. Now updated to include cases from Treaty interpretation book greater range of domestic jurisdicutions, a new chapter on criticism, themes, and issues, and an account of the completed work of the International Law Commission.

This book provides a guide to interpreting treaties properly in accordance with the modern rules for treaty interpretation which are codified in the Vienna Convention on the Law of Treaties. These rules now apply to virtually all treaties both in Treaty interpretation book international context and within many national legal systems where treaties have an impact on a large and growing range of matters.

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law.

The European Court of Human Rights (ECHR) has developed its own version of these rules of interpretation — a version that tracks the three traditional approaches to treaty interpretation: the textual approach, the subjective approach, and the teleological : Shai Dothan. Interpretation of treaties authenticated in two or more languages 1.

When a treaty has been authenticated in two or more languages, the text is equally authoritative in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular text shall prevail. This book provides a guide to interpreting treaties properly in accordance with the modern rules for treaty interpretation which are codified in the 'Vienna Convention on the Law of Treaties'.

These rules now apply to virtually all treaties both in an international context and within many national legal systems where treaties have an impact on a large and growing range of : Richard Gardiner.

Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.

These rules lay the foundation for treaty : Springer Singapore. Abstract. 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 Author: Richard Gardiner. This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements.

It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements.

Treaty Handbook Prepared by the Treaty Section of the Office of Legal Affairs. United Nations. UNITED NATIONS PUBLICATION Sales No. EV.1 eISBN Disclaimer This Handbook is provided for information only and does not constitute formal legal orFile Size: KB. This book explains the rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties, and gives examples of their national and international application.

These rules of interpretation now apply to virtually all international treaties and also within national legal systems where treaties have a large and growing impact. This chapter examines the meaning and function of principles of treaty interpretation in general international law.

Customary international law on treaty interpretation is partly and mostly codified in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (VCLT), which are discussed in their historical context.

The chapter explains that even if treaty-based, treaty interpretation Author: Isabelle Van Damme. This book provides a guide to interpreting treaties properly in accordance with the modern rules for treaty interpretation which are codified in the 'Vienna Convention on the Law of Treaties'.

These rules now apply to virtually all treaties both in an international context and within many national legal systems where treaties have an impact on Brand: OUP Oxford. This chapter begins by examining the constitutional relevance of the Vienna Convention rules of interpretation, and the debate on the need for rules of interpretation.

After covering historical and conceptual aspects of the problem, it examines in detail the principles of interpretation in terms of plain meaning, context, object and purpose, subsequent practice, ‘relevant rules’ of Author: Alexander Orakhelashvili.

Abstract. This chapter provides a review of philosophical ideas related to legal reasoning and interpretation, respectively an examination of the evolution of treaty interpretation doctrine prior to, and after, the adoption of the Vienna Convention on the Law of Treaties. Evolutive interpretation has been considered since the times of Gentili and Grotius, but this is the first book to systematically address what evolutive interpretation looks like in reality.

It Author: Richard Gardiner. This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the.

The book `Interpretation and Application of Tax Treaties in North America’ provides a comprehensive analysis of the tax treaty policy, court cases, competent authority agreements and other relevant tax treaty information from Canada, Mexico and the.

Richard Gardiner’s Treaty Interpretation is a tremendous book, in terms of both substance and size. Yet in important ways the work is narrower than it might appear. THE LAW AND PROCEDURE OF THE INTERNATIONAL COURT OF JUSTICE TREATY INTERPRETATION AND OTHER TREATY POINTS By SIR GERALD FITZMAURICE, K.C.M.G., Q.C.

Legal Adviser to the Foreign Office IN the article corresponding to the present one, that appeared in volume 28 of this Year Book (hereinafter called the article), dealing with the findings and pronouncements on treaty. Treaty interpretation is analysed in the wider context of the law of treaties, of which Gardiner has unparalleled knowledge.

It is very rarely that the whole subject of treaty interpretation is dealt with in such detail in one study, and the achievement of the author is therefore even more significant.

Treaty Interpretation (2nd ed.) (Oxford International Law Library series) by Richard Gardiner. This series features works on substantial topics in international law which provide authoritative statements of. The Interpretation of Tax Treaties in Relation to Domestic GAARs Why this book.

There are more than 3, tax treaties in the world, and an important question is whether these tax treaties limit a state’s ability to curb undesirable tax planning by the Author: Eivind Furuseth. Treaty Interpretation by Richard Gardiner,available at Book Depository with free delivery : Richard Gardiner.

This book provides a guide to interpreting treaties properly in accordance with the modern rules for treaty interpretation which are codified in the "Vienna Convention on the Law of Treaties". These rules now apply to virtually all treaties both in an international context and within manynational legal systems where treaties have an impact on a.

Tax Treaty Interpretation book. Read reviews from world’s largest community for readers. International tax practice demands a constantly renewed understa 5/5(2).Treaty Interpretation and the Vienna Convention on the Law of Treaties: 30 Years on | Edited by Malgosia FitzmauriceOlufemi Elias and Panos Merkouris | download | B–OK.

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