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On the Interpretation of Treaties The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties Law and Philosophy Library 1st Edition by Ulf Linderfalk ISBN 140206361X 9781402063619

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On the Interpretation of Treaties The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties Law and Philosophy Library 1st Edition Ulf Linderfalk Digital Instant Download

Author(s): Ulf Linderfalk
ISBN(s): 9781402063619, 140206361X
Edition: 1
File Details: PDF, 4.42 MB
Year: 2007
Language: english
SKU: EB-1794800 Category: Tag:

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ISBN 10: 140206361X 
ISBN 13: 9781402063619
Author: Ulf Linderfalk

1 PURPOSE AND TOPIC We live in the age of treaties. Increasingly, bilateral and multilateral written agreements are used for the creation of new international legal standards. For political reasons, states are decreasingly less willing to rely upon customary international law for the regulation of legal matters. New technology and growing international exchange have established the need for an ever more precise and flexible international law – a need not satisfactorily met by customary law. In many fields of activity, we can seriously question whether the creation of a rule of custom is at all possible. Considering also that the number of states capable of drafting and concluding treaties seems to be growing, it is not surprising that treaties are concluded far more frequently than ever before. In several ways this is a development that should be met with approval. By entering into written agreements, states avoid the difficulties inherent in customary international law. At the same time, the increasing number of treaties should also be causing concern. The more treaties that are concluded, the more treaties that will have to be applied; and the more treaties that are applied, the more often the question will arise: To what extent, and under what specific conditions, should such an application occur? Naturally, this includes the question of how treaties should be interpreted.

On the Interpretation of Treaties The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties Law and Philosophy Library 1st Table of contents:

Chapter 1: Introduction

    • Purpose and topic

    • The legal regime for the interpretation of treaties as a system of rules

    • Basic concepts

    • Method

    • Organisation of work

    • Typographical conventions adhered to

Chapter 2: The Concept of a Rule of Interpretation

    • The correct meaning

    • How to determine the correct meaning

    • The concept of a first-order rule of interpretation

    • The concept of a second-order rule of interpretation 

Chapter 3: Using Conventional Language (“The Ordinary Meaning”)

    • Introduction; in particular, regarding the problem caused by social variation in language

    • Regarding the problem caused by temporal variation in language 

Chapter 4: Using the Context: The “Text” of a Treaty

    • Analysis of the text’s role in interpretation 

Chapter 5: Using the Context: The Elements Set Out in VCLT Article 31 § 2(A) and (B)

    • Examination of the context provided by the treaty’s preamble and annexes 

Chapter 6: Using the Context: The Elements Set Out in VCLT Article 31 § 3

    • Consideration of subsequent agreements and practices 

Chapter 7: Using the Object and Purpose

    • Interpretation in light of the treaty’s objectives 

Chapter 8: Using the Supplementary Means of Interpretation

    • Exploration of preparatory work and circumstances of conclusion 

Chapter 9: Using Supplementary Means of Interpretation (Cont’d)

    • Further discussion on supplementary means 

Chapter 10: The Relationships Between Different Means of Interpretation

    • Analysis of how various interpretative methods interact

Chapter 11: The Special Rule Regarding the Interpretation of Treaties Authenticated in Two or More Languages

    • Guidance on interpreting multilingual treaties 

Chapter 12: Reflecting on the Outcome: International Law on a Scale Between Radical Legal Skepticism and the One-Right-Answer Thesis

    • Philosophical reflections on the nature of treaty interpretation 

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Tags: Ulf Linderfalk, Interpretation, Treaties, Vienna Convention