The Law of Treaties Beyond the Vienna Convention

2011-02-17
The Law of Treaties Beyond the Vienna Convention

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  • Author: Mahnoush H. Arsanjani
  • Publisher: American Chemical Society
  • ISBN: 0199588910
  • Category : Law
  • Languages : en
  • Pages : 498

This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.

The Law of Treaties Beyond the Vienna Convention

2011
The Law of Treaties Beyond the Vienna Convention

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  • Author: Enzo Cannizzaro
  • Publisher:
  • ISBN: 9780191806476
  • Category : Treaties
  • Languages : en
  • Pages : 464

This title offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Between the Lines of the Vienna Convention?

2018-12-18
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.

The Vienna Conventions on the Law of Treaties

2011
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

Treaty Interpretation

2015
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.

Commentary on the 1969 Vienna Convention on the Law of Treaties

2009
Commentary on the 1969 Vienna Convention on the Law of Treaties

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  • Author: Mark Eugen Villiger
  • Publisher: BRILL
  • ISBN: 9004168044
  • Category : Law
  • Languages : en
  • Pages : 1093

The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.

The Oxford Guide to Treaties

2020
The Oxford Guide to Treaties

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  • Author: Duncan B. Hollis
  • Publisher:
  • ISBN: 019884834X
  • Category : Law
  • Languages : en
  • Pages : 897

This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.

Vienna Convention on the Law of Treaties

2018-01-15
Vienna Convention on the Law of Treaties

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  • Author: Oliver Dörr
  • Publisher: Springer
  • ISBN: 3662551608
  • Category : Law
  • Languages : en
  • Pages : 1546

The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.

The Oxford Handbook on the Sources of International Law

2017
The Oxford Handbook on the Sources of International Law

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  • Author: Samantha Besson
  • Publisher: Oxford University Press
  • ISBN: 0198745362
  • Category : Law
  • Languages : en
  • Pages : 1233

This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

The Institutional Veil in Public International Law

2007-09-13
The Institutional Veil in Public International Law

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  • Author: Catherine Brölmann
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847313795
  • Category : Law
  • Languages : en
  • Pages : 330

This book deals with the nature of international organisations and the tension between their legal nature and the system of classic, state-based international law. This tension is important in theory and practice, particularly when organisations are brought under the rule of international law and have to be conceptualised as legal subjects, for example in the context of accountability. The position of organisations is complicated by what the author terms 'the institutional veil', comparable to the corporate veil found in corporate law. The book focuses on the law of treaties, as this pre-eminently 'horizontal' branch of international law brings out the problem particularly clearly. The first part of the book addresses the legal phenomenon of international organisations, their legal features as independent concepts, the history of international organisations and of legal thought in respect of them, and the development of contemporary law on international organisations. The second part deals with the practice of international organisations and treaty-making. It discusses treaty-making practice within organisations, judicial practice in interpretation of organisations' constitutive treaties, and the practice of treaty-making by organisations. The third and final part analyses the process by which international organisations have been brought under the rule of the written law of treaties, offering a practical application of the conceptual framework as previously set out. Part three is at the same time an analytic overview of the drafting history of the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. This is a profound and penetrating examination of the character of international organisations and their place in international law, and will be an important source for anyone interested in the future role of organisations in the international legal system.