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Interpretation In International Law

Author : Andrea Bianchi
ISBN : 9780198725749
Genre : Law
File Size : 46. 28 MB
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Interpretation in International Law is an innovative volume that foregrounds interpretation as central to the generation of legal meaning in international law. The book encourages international lawyers to reflect creatively on how they interpret international law, and to stimulate further research on interpretation in an innovative vein.

The Interpretation Of International Law By Domestic Courts

Author : Helmut Philipp Aust
ISBN : 9780191059414
Genre : Law
File Size : 20. 36 MB
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The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.

The Interpretation Of Acts And Rules In Public International Law

Author : Alexander Orakhelashvili
ISBN : 9780199546220
Genre : Law
File Size : 50. 64 MB
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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.

Evolutionary Interpretation And International Law

Author : Georges Abi-Saab
ISBN : 9781509929900
Genre : Law
File Size : 57. 15 MB
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This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

Interpretation Of Tax Treaties Under International Law

Author : F. A. Engelen
ISBN : 9789076078724
Genre : Double taxation
File Size : 20. 36 MB
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The principal purpose of this study is to analyse and discuss the rules and principles of international law relevant to the interpretation of treaties in general, and their application to tax treaties in particular. The rules of international law enshrined in Articles 31, 32 and 33 of the Vienna Convention on the Law of Treaties are discussed in detail. Where appropriate, reference is made to the jurisprudence of the International Court of Justice, and to the law and procedure of other international courts and tribunals. Since tax treaties are not only a source of legal rights and obligations for the contracting States, but can also be invoked by the taxpayers of those States, this book considers the extent to which the relevant rules and principles of international law are binding on domestic courts and taxpayers. The effect of international law in a State's national legal order is largely dependent on its relevant rules of constitutional law, which vary from country to country. In order to address this issue, the book draws upon the example of the Netherlands and provides a number of leading cases decided by the Dutch Supreme Court (Hoge Raad).

Domestic Courts And The Interpretation Of International Law

Author : Odile Ammann
ISBN : 9004409866
Genre : Law
File Size : 76. 69 MB
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In Domestic Courts and the Interpretation of International Law, Odile Ammann examines the methodology and reasoning which domestic courts, including Swiss courts, use to interpret international law. She argues that interpretative methods must be taken more seriously in international law.

The Interpretation Of International Agreements And World Public Order

Author : Myres Smith MacDougal
ISBN : 0792325699
Genre : Law
File Size : 77. 94 MB
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CONTENTS.

Judicial Interpretation Of International Law In The United States

Author :
ISBN : OCLC:847682951
Genre :
File Size : 51. 62 MB
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On The Interpretation Of Treaties

Author : Ulf Linderfalk
ISBN : 9781402063626
Genre : Law
File Size : 79. 87 MB
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This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

The Interpretation Of International Investment Law

Author : Todd Weiler
ISBN : 9789004232235
Genre : Law
File Size : 73. 24 MB
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In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historiographical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Interpretation The Imf And International Law

Author : Joseph Gold
ISBN : STANFORD:36105060461808
Genre : Business & Economics
File Size : 29. 60 MB
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This work concentrates largely on the practice of the IMF in matters of interpretation. The work shows that the motive for resorting to interpretation is not always the obscurity or ambiguity of texts. Other considerations may be taken into account, such as demonstrating that consensus or broad agreement exists on a particular decision. The motive for an interpretative decision may be to prevent the appearance of dictation by one class of members to another class. A similar motive helps to explain why special majorities of the total voting power of all members are required by the treaty for specified categories of decisions.

Treaty Interpretation

Author : Richard K. Gardiner
ISBN : 9780199669233
Genre : Law
File Size : 46. 9 MB
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"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."--

Intertemporal Linguistics In International Law

Author : Julian Wyatt
ISBN : 9781509929504
Genre : Law
File Size : 20. 23 MB
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Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law.

Treaty Interpretation Under The Vienna Convention On The Law Of Treaties

Author : Chang-fa Lo
ISBN : 9789811068669
Genre : Law
File Size : 38. 6 MB
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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 light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (such as the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.

Treaty Interpretation And The Vienna Convention On The Law Of Treaties

Author : M. Fitzmaurice
ISBN : 9789004181045
Genre : Political Science
File Size : 22. 57 MB
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Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.

How Interpretation Makes International Law

Author : Ingo Venzke
ISBN : 9780191631962
Genre : Law
File Size : 50. 28 MB
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Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Interpretation can shift the meaning of texts and, in its own way, make law. In the practice of interpretation actors debate the meaning of the written and customary laws, and so contribute to the making of new law. In such cases it is the actor's semantic authority that is key - the capacity for their interpretation to be accepted and become established as new reference points for legal discourse. The book identifies the practice of interpretation as a significant space for international lawmaking, using the key examples of the UN High Commissioner for Refugees and the Appellate Body of the WTO to show how international institutions are able to shape and develop their constituent instruments by adding layers of interpretation, and moving the terms of discourse. The book applies developments in linguistics to the practice of international legal interpretation, building on semantic pragmatism to overcome traditional explanations of lawmaking and to offer a fresh account of how the practice of interpretation makes international law. It discusses the normative implications that arise from viewing interpretation in this light, and the implications that the importance of semantic changes has for understanding the development of international law. The book tests the potential of international law and its doctrine to respond to semantic change, and ultimately ponders how semantic authority can be justified democratically in a normative pluriverse.

Dynamic Interpretation In International Criminal Law

Author : Alexander Grabert
ISBN : 9783831644704
Genre :
File Size : 43. 98 MB
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The interpretive process in International Criminal Law (›ICL‹) is characterised by a conflict between the requirements for stability and change. On the one hand, ICL provides for the ›criminal‹ responsibility of individuals. Thus, there is an enhanced requirement for legal certainty: According to the principle of legality, the addressee of the law must be able to identify the prohibited conduct in advance in order to be able to avoid criminal sanctions. On the other hand, however, ICL forms part of ›international‹ law. Hence, it derives to some extent from international treaties. Whereas the forms of criminal conduct are continuously evolving, treaties are rather static instruments – they cannot be adapted to a changing environment within a short period of time. Thus, reality is developing at a pace that the law cannot always match. In consequence, there is a certain need to account for evolving circumstances within the framework of interpretation. The aim of this book is to review the consequences of this conflict for the interpretation of ICL. How can the conflicting requirements be brought into balance? Can substantive rules of ICL be interpreted in a ›dynamic‹ fashion to the detriment of the accused without violating the principle of legality? How do international criminal courts and tribunals deal with this issue?

Systemic Interpretation In International Law

Author : Sué González Hauck
ISBN : OCLC:1122586331
Genre :
File Size : 73. 64 MB
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Treaty Interpretation By The Wto Appellate Body

Author : Isabelle Van Damme
ISBN : 9780199562237
Genre : Political Science
File Size : 82. 18 MB
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The WTO dispute settlement system is unusually strong but not necessarily unique. How the Appellate Body reads the WTO covered agreements is not a matter of WTO law, it is a technique of general international law. The Appellate Body formulates its interpretation from within its function in the WTO institution as a juridical body. This book explains how the Appellate Body approaches the interpretation of the WTO covered agreements, and contributes to a moregeneral understanding of how treaties are interpreted in practice. It is as much about general international law as it is about WTO law.

Legal Interpretation In International Commercial Arbitration

Author : Dr Joanna Jemielniak
ISBN : 9781409447191
Genre : Law
File Size : 82. 77 MB
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This book fills a gap in legal academic study and practice in International Commercial Arbitration by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. The book also includes comparative examinations of existing legal framework and case law which reflect the international nature of the subject.

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