Catalogue


On the interpretation of treaties [electronic resource] : the modern international law as expressed in the 1969 Vienna Convention on the Law of Treaties.
Linderfalk, Ulf.
imprint
Dordrecht, The Netherlands : Springer, c2007.
description
xxiii, 410 p.
ISBN
140206361X, 9781402063619
format(s)
Book
More Details
added author
imprint
Dordrecht, The Netherlands : Springer, c2007.
isbn
140206361X
9781402063619
restrictions
Licensed for access by U. of T. users.
catalogue key
8016653
 
Includes bibliographical references (p. 397-408) and index.
A Look Inside
Summaries
Back Cover Copy
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.
Main Description
This book offers a comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. It develops a model that gives representation to the concept of a rule of interpretation.
Main Description
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.
Table of Contents
List of abbreviations
Table of cases
List of treaties
Introduction
Purpose and topic
The legal regime for the interpretatation of treatiesnbsp;as a system of rules
Basic concepts
Method
Organisation of work
Typographical conventions adhered to
The Concept of a Rule of Interpretation
The correct meaning
How to determine the correct meaning
How to determine the correct meaning (cont''d)
How to determine the correct meaning (cont''d)
The concept of a first-order rule of interpretation
The concept of a second-order rule of interpretation
Using Conventional Language ("The Ordinary Meaning")
Introduction; in particular, regarding the problem caused by social variation in language
Regarding the problem caused by social variation in language (cont''d)
Regarding the problem caused by temporal variation in language
Regarding the problem caused by temporal variation in language (cont''d)
Regarding the problem caused by temporal variation in language (cont''d)
Conclusions
Using the Context: the "Text" of a Treaty
"[T]he text"
"[T]he text" put to use
"[T]he text" put to use: different words and phrases shall (sometimes) be given different meanings
"[T]he text" put to use: no logical tautologies
Conclusions
Using the Context: the elements set out in VCLT ART. 31 2 (A) och (B)
The meaning of subparagraph (a): introduction
The meaning of subparagraph (a): "any agreement"
The meaning of subparagraph (b)
The "agreement" and the "instrument" put to use
Conclusions
Using the context: the elements set out in vclt art. 31 3
Subparagraph (a)
Subparagraph (b): introduction
Subparagraph (b): "any agreement"
Subparagraph (c): introduction
Subparagraph (c): "applicable"
The elements put to use
Conclusions
Using the object and purpose
On the meaning of "object and purpose" in general
"[O]bject and purpose" - one concept or two? Moreover, regarding the variation of an object and purpose over time
Treaties with several objects and purposes
The "object and purpose" put to use
The "object and purpose" put to use (cont''d)
Conclusions
Using the supplementary means of interpretation
The meaning of "supplementary means of interpretation"
"[T]he preparatory work of the treaty"
"[T]he circumstances of [the treaty''s] conclusion"
Other supplementary means of interpretation: ratification work
Other supplementary means of interpretation: treaties in pari materia
Other supplementary means of interpretation: the context
The "supplementary means of interpretation" put to use
Conclusions
Using the supplementary means of interpretation (cont''d)
The rule of restrictive interpretation
The principle of contra proferentem
Exceptions shall be narrowly interpreted
The rule of necessary implication
Interpretation per analogiam
Interpretation per argumentum a fortiori
Interpretation per argumentum e contrario
The principle of ejusdem generis
Other claimed rules of interpretation
The relationships between different means of interpretation
The relationship between primary and supplementary means of interpretation: an introduction
The relationship between primary and supplementary means of interpretation: the second-order rule as a conclusive reason or as a reason pro tanto
The expression "ambiguous or obscure"
The expression "leads to a result which is manifestly absurd or unreasonable"
The expression "leads to a result which is manifestly absurd or unreasonable" (cont''d)
The expression "leads to a result which is manifestly absurd or unreasonable" (cont''d)
The relationship between primary means of interpretation and supplemenatry means of interpretation, respectively
Conclusions
The special
Table of Contents provided by Publisher. All Rights Reserved.

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