Ulf Linderfalk

On the Interpretation of Treaties: The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties

• Broschiertes Buch

Produktbeschreibung

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.

Produktdetails

• Law and Philosophy Library 83
• Verlag: Springer Netherlands
• Edition
• Seitenzahl: 416
• Erscheinungstermin: Dezember 2010
• Englisch
• ISBN-13: 9789400704237
• ISBN-10: 9400704232
• Artikelnr.: 32005100

Inhaltsangabe

List of contents. List of abbreviations. Table of cases. List of treaties.
1. Introduction. 1.1 Purpose and topic. 1.2 The legal regime for the
interpretatation of treaties as a system of rules. 1.3 Basic concepts. 1.4
Method. 1.5 Organisation of work. 1.6 Typographical conventions adhered to.
2. THE CONCEPT OF A RULE OF INTERPRETATION. 2.1 The correct meaning. 2.2
How to determine the correct meaning. 2.3 How to determine the correct
meaning (cont'd). 2.4 How to determine the correct meaning (cont'd). 2.5
The concept of a first-order rule of interpretation. 2.6 The concept of a
second-order rule of interpretation. 3. USING CONVENTIONAL LANGUAGE ("THE
ORDINARY MEANING"). 3.1 Introduction; in particular, regarding the problem
caused by social variation in language. 3.2 Regarding the problem caused by
social variation in language (cont'd). 3.3 Regarding the problem caused by
temporal variation in language. 3.4 Regarding the problem caused by
temporal variation in language (cont'd). 3.5 Regarding the problem caused
by temporal variation in language (cont'd). 3.6 Conclusions. 4. USING THE
CONTEXT: THE "TEXT" OF A TREATY. 4.1 "[T]he text". 4.2 "[T]he text" put to
use. 4.3 "[T]he text" put to use: different words and phrases shall
(sometimes) be given different meanings. 4.4 "[T]he text" put to use: no
logical tautologies. 4.5 Conclusions. 5. USING THE CONTEXT: the elements
set out in VCLT ART. 31 § 2 (A) och (B). 5.1 The meaning of subparagraph
(a): introduction. 5.2 The meaning of subparagraph (a): "any agreement".
5.3 The meaning of subparagraph (b). 5.4 The "agreement" and the
"instrument" put to use. 5.5 Conclusions. 6. Using the context: the
elements set out in vclt art. 31 §3. 6.1 Subparagraph (a). 6.2 Subparagraph
(b): introduction. 6.3 Subparagraph (b): "any agreement". 6.4 Subparagraph
(c): introduction. 6.5 Subparagraph (c): "applicable". 6.6 The elements put
to use. 6.7 Conclusions. 7. Using the object and purpose. 7.1 On the
meaning of "object and purpose" in general. 7.2 "[O]bject and purpose" -
one concept or two? Moreover, regarding the variation of an object and
purpose over time. 7.3 Treaties with several objects and purposes. 7.4 The
"object and purpose" put to use. 7.5 The "object and purpose" put to use
(cont'd). 7.6 Conclusions. 8. Using the supplementary means of
interpretation. 8.1 The meaning of "supplementary means of interpretation".
8.2 "[T]he preparatory work of the treaty". 8.3 "[T]he circumstances of
[the treaty's] conclusion". 8.4 Other supplementary means of
interpretation: ratification work. 8.5 Other supplementary means of
interpretation: treaties in pari materia. 8.6 Other supplementary means of
interpretation: the context. 8.7 The "supplementary means of
interpretation" put to use. 8.8 Conclusions. 9 Using the supplementary
means of interpretation (cont'd). 9.1 The rule of restrictive
interpretation. 9.2 The principle of contra proferentem. 9.3 Exceptions
shall be narrowly interpreted. 9.4 The rule of necessary implication. 9.5
Interpretation per analogiam. 9.6 Interpretation per argumentum a fortiori.
9.7 Interpretation per argumentum e contrario. 9.8 The principle of ejusdem
generis. 9.9 Other claimed rules of interpretation. 10. The relationships
between different means of interpretation. 10.1 The relationship between
primary and supplementary means of interpretation: an introduction. 10.2
The relationship between primary and supplementary means of interpretation:
the second-order rule as a conclusive reason or as a reason pro tanto. 10.3
The expression "ambiguous or obscure". 10.4 The expression "leads to a
result which is manifestly absurd or unreasonable". 10.5 The expression
"leads to a result which is manifestly absurd or unreasonable" (cont'd).
10.6 The expression "leads to a result which is manifestly absurd or
unreasonable" (cont'd). 10.7 The relationship between primary means of
interpretation and supplemenatry means of interpretation, respectively.
10.8 Conclusions. 11. The special rule regarding the interpretation of
treaties authenticated in two or more languages. 11.1 General observations
on the methods of reconciliation. 11.2 Regarding the method described in
VCLT art. 33 § 4. 11.3 Regarding the method described in VCLT art. 33 § 4
(cont'd). 11.4 Conclusions. 12. Reflecting on the outcome: International
law on a scale between radical legal skepticism and the one-right-answer
thesis. 12.1 Determining the contents of the means of interpretation. 12.2
Establishing relationships assumed in the rules of interpretation. 12.3
Resolving conflicts occurring in the application of the first-order rules
of interpretation.  Annex. List of sources.