Treaty Interpretation

Author:   Richard Gardiner
Publisher:   Oxford University Press
ISBN:  

9780199597048


Pages:   496
Publication Date:   30 September 2010
Format:   Paperback
Availability:   In Print   Availability explained
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Treaty Interpretation


Overview

This book explains the rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. The rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties now apply to virtually all treaties which may be encountered in an international context and also 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, and also some 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. Now that the codified rules of treaty interpretation have been in force for some twenty-five years, 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 book provides a guide to interpreting treaties properly in accordance with the modern rules.

Full Product Details

Author:   Richard Gardiner
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.60cm , Height: 2.70cm , Length: 23.40cm
Weight:   0.744kg
ISBN:  

9780199597048


ISBN 10:   0199597049
Pages:   496
Publication Date:   30 September 2010
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction ; PART I - OVERVIEW, HISTORY, MATERIALS, AND DRAMATIS PERSONAE ; 1. A Single Set of Rules of Interpretation ; 2. Development of Rules of Interpretation ; 3. Interpretative Material Generated in Making Treaties ; 4. Who Uses the Vienna Convention to Interpret Treaties? ; PART II - INTERPRETATION APPLYING THE VIENNA CONVENTION ON THE LAW OF TREATIES ; 5. The General Rule: (1) The Treaty, its Terms, and their Ordinary Meaning ; 6. The General Rule: (2) Agreements as Context, Subsequent Agreements, and Subsequent Practice ; 7. The General Rule: (3) Relevant Rules of International Law and Special Meanings ; 8. Supplementary Means of Interpretation ; 9. Languages

Reviews

<br> Treaty interpretation may not appear to be a subject likely to ignite academic discussions, but...Treaty Interpretation by Richard Gardiner of University College London...demonstrate[s] that nothing could be farther from the truth...clearly show[s] that the interpreation of treaties is a fascinating and multifaceted subject, allowing for various analytical approaches. <br>--Malgosia Fitzmaurice, Queen Mary, University of London <br>The American Journal of International Law<p><br>


Author Information

Richard Gardiner was an assistant legal adviser at the Foreign and Commonwealth Office for some twelve years. For the next twenty years he was lecturer, then senior lecturer, at University College London. He also practices as a barrister. He is the author of a book on international law and has written many articles on international law topics. He is one of the editors of Shawcross and Beaumont on Air Law.

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