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Treaty Interpretation, 2nd Edition

Treaty Interpretation, 2nd Edition

作者： Richard Gardiner
出版商： Oxford University Press
ISBN: 9780198806240
出版时间 March 2017
规格： Paperback , 576 pages
适应领域： International ? 免责申明：
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- Now updated to include cases from a greater range of domestic jurisdicutions, a new chapter on criticism, themes, and issues, and an account of the completed work of the International Law Commission
- Looks at one of the most salient topics of international law, how it is applied and interpreted in international and domestic institutions, filling an important gap in the literature
- Close analysis of the rules of Treaty interpretation from the Vienna Convention on the Law of Treaties, and illustrated with practical case examples and state practice
- Covers both national and international decisions
- Analyses the general history, background, and development of the current rules of treaty interpretation
New to this edition
- Updated case law including cases from a greater range of domestic jurisdicutions
- A new chapter discussing criticism, themes, issues, and conclusions on treaty interpretation
- An account of the completed work of the International Law Commission relevant to interpretative declarations
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.

Readership: Scholars and students of international law and international relations; practitioners including judges, arbitrators, diplomats, legislators, and legal advisers
I. Overview, History, Materials, and Interpreters
1.: Introduction
2.: History and Development of Rules of Interpretation
3.: Making Treaties and Treaty Materials
4.: Who Interprets Treaties?
II. Interpretation Applying the Vienna Convention on the Law of Treaties
A. The General Rule
5.: Text, Context, and Ordinary Meaning of Words
6.: Agreements on Meaning and Subsequent Practice
7.: Relevant Rules of International Law and Special Meanings
B. Supplementary Means of Interpretation
8.: Preparatory Work and Circumstances of Conclusion of Treaty
C. Languages
9.: Text in Different Languages
III. Conclusion
10.: Criticism, Themes, Issues, and Conclusions
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, and latterly visiting professor, at University College London. He also practiced as a barrister. He is the author of a book on international law and has written many articles on international law topics and in other areas of law.
Review(s) from previous edition

"Gardiner has structured his material in a lucid and intelligble manner...the book reads well, is informative and rich in useful material, and manages to tackle an issue that, at least to this reviewer, seems tremendously difficult, if not terrifying: that of intelligibly interpreting the rules on treaty interpretation. It should be of good use to advanced students and practitioners alike. - Antonios Tzanakopoulos, German Yearbook of International Law 2010.

Review(s) from previous edition

"'Treaty interpretation is analysed in the wider context of the law of treaties, of which Gardiner has unparalleled knowledge. It is very rarely that the whole subject of treaty interpretation is dealt with in such detail in one study, and the achievement of the author is therefore even more significant...The book will undoubtedly become a classic study on the interpretation of treaties - of great use to both practitioners and academics.' - Malgosia Fitzmaurice, European Journal of International Law 2009

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