Between the Lines of the Vienna Convention?

Between the Lines of the Vienna Convention?

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  • Author: Joseph Klingler
  • Publisher: Kluwer Law International B.V.
  • ISBN: 904118404X
  • Category : Law
  • Languages : en
  • Pages : 585

The 1969 Vienna Convention on the Law of Treaties makes no express reference to many of the most common canons and interpretative principles derived from international jurisprudence over many years. This volume represents the first modern, freestanding analysis of such canons and principles, their role in treaty interpretation and their relationship with the Vienna Convention regime. A top-flight roster of respected scholars and practitioners of public international law offers an in-depth examination of, among other things: • the origins of canons and interpretive principles; • their utility and limits in treaty interpretation; and • the application of numerous individual canons and interpretive principles, including effet utile, expressio unius, lex specialis, ejusdem generis, in dubio mitius, in pari materia, ex abundante cautela, the principles of contemporaneity and evolutive interpretation, and more. Extensive analysis of case law and scholarship provides insightful interpretive guidance across virtually every subfield of public international law. With its valuable insights into when the application of particular canons or principles of interpretation is most likely to be appropriate and persuasive, the volume will be of great value to lawyers representing parties (whether states, corporations or individuals) before international dispute resolution bodies, as well as to judges and arbitrators, legal officials at ministries of foreign affairs, and scholars of public international law.


Diplomatic Law

Diplomatic Law

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  • Author: Eileen Denza
  • Publisher: Oxford University Press
  • ISBN: 0198703961
  • Category : Law
  • Languages : en
  • Pages : 472

The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.


Treaty Interpretation

Treaty Interpretation

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  • Author: Richard K. Gardiner
  • Publisher: Oxford University Press, USA
  • ISBN: 0199669236
  • Category : Law
  • Languages : en
  • Pages : 577

The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as 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, 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. Since the codified rules of treaty interpretation came into decree, 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 fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.


The 1988 Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention

The 1988 Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention

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  • Author: International Atomic Energy Agency
  • Publisher:
  • ISBN: 9789201394101
  • Category : Conference on the Relationship Between the Paris Convention and the Vienna Convention
  • Languages : en
  • Pages : 0

This publication complements IAEA International Law Series No. 3 and reproduces the explanatory text on the 1988 Joint Protocol Relating to the Application of the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy.


Schreuer's Commentary on the ICSID Convention

Schreuer's Commentary on the ICSID Convention

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  • Author: Stephan W. Schill
  • Publisher:
  • ISBN: 1108786006
  • Category : Business & Economics
  • Languages : en
  • Pages : 2220

This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.


International Law and Time

International Law and Time

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  • Author: Klara Polackova Van der Ploeg
  • Publisher: Springer Nature
  • ISBN: 3031094654
  • Category : Law
  • Languages : en
  • Pages : 471

This book explores the close, complex and consequential – yet to a large extent implicit – relationship between international law and time. There is a conspicuous discrepancy between international law’s technical preoccupation with the mechanics of temporal rules and the absence of more foundational considerations of how time – both as an irrepressible physical dimension manifesting in the passage of time, and as a social construct shaped by diverse social and cultural factors – impacts and interacts with international law. Divided into five parts and 21 chapters, this book explores key aspects of the relationship between international law and time and puts the spotlight on time’s fundamental significance for international law as a legal order and as a discipline. Pursuing diverse approaches to international law, the authors consider the notion, significance, manifestations, uses and implications of time in international law in a wide range of contexts, and offer insights into the various ways in which international law and international lawyers cope with time, both in terms of constructing narratives and in devising and employing particular legal techniques.


The Vienna Conventions on the Law of Treaties

The Vienna Conventions on the Law of Treaties

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  • Author: Olivier Corten
  • Publisher: Oxford University Press, USA
  • ISBN: 0199546649
  • Category : Law
  • Languages : en
  • Pages : 2171

The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field


The Theory, Practice, and Interpretation of Customary International Law

The Theory, Practice, and Interpretation of Customary International Law

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  • Author: Panos Merkouris
  • Publisher: Cambridge University Press
  • ISBN: 1009035843
  • Category : Law
  • Languages : en
  • Pages : 647

This volume discusses the theory, practice, and interpretation of customary international law, as well as new developments and future research trajectories. Combining discussions of familiar concepts with new ideas, it is useful for researchers, scholars, and practitioners of international law. Available Open Access on Cambridge Core.


Treaties in Motion

Treaties in Motion

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  • Author: Malgosia Fitzmaurice
  • Publisher: Cambridge University Press
  • ISBN: 1108852602
  • Category : Law
  • Languages : en
  • Pages : 427

The law of treaties is in constant motion, understood not only as locomotion, but also as motion through time and as change. Thus, kinesis and stasis, two sides of the same concept of 'motion', are the central themes of Treaties in Motion. The concept of motion adopted in this book is based on the philosophy of Aristotle. He identified six types of motion: creation (genesis), increase (auxesis), diminution (meiosis), alteration (alloiosis), destruction (phthora), and change of place (kata topon metabole), which has been amended by the authors to change in space-time (kata topon kai chronon metavole) to reflect our modern scientific understanding of time as a dimension through which motion and change occurs. Each chapter's analysis proceeds by focusing on a specific area of a treaty's 'life-cycle', where each type of motion shines through and is described through three different frames of reference: treaties, the Vienna Convention of the Law of Treaties, and customary law.


Contract Interpretation in Investment Treaty Arbitration

Contract Interpretation in Investment Treaty Arbitration

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  • Author: Yuliya Chernykh
  • Publisher: BRILL
  • ISBN: 9004414703
  • Category : Law
  • Languages : en
  • Pages : 629

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.