000 04849nam a22005655i 4500
001 978-1-4020-6362-6
003 DE-He213
005 20161121230729.0
007 cr nn 008mamaa
008 100301s2007 ne | s |||| 0|eng d
020 _a9781402063626
_9978-1-4020-6362-6
024 7 _a10.1007/978-1-4020-6362-6
_2doi
050 4 _aK3150
072 7 _aLBB
_2bicssc
072 7 _aLAW051000
_2bisacsh
082 0 4 _a341
_223
245 1 0 _aOn The Interpretation of Treaties
_h[electronic resource] :
_bThe Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties /
_cedited by Ulf Linderfalk.
264 1 _aDordrecht :
_bSpringer Netherlands,
_c2007.
300 _aXXIV, 414 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 1 _aLaw and Philosophy Library,
_x1572-4395 ;
_v83
505 0 _aThe Rule Of Interpretation -- Using Conventional Language (“The Ordinary Meaning”) -- Using the Context: The “Text” of a Treaty -- Using the Context: The Elements Set Out in VCLT Article 31 § 2(A) AND (B) -- Using The Context: The Elements Set Out in VCLT Article 31 § 3 -- Using the Object and Purpose -- Using the Supplementary Means of Interpretation -- Using Supplementary Means of Interpretation (Cont’d) -- The Relationships Between Different Means of Interpretation -- The Special Rule Regarding the Interpretation of Treaties Authenticated In Two Or More Languages -- Reflecting on the Outcome: International Law on a Scale Between Radical Legal Skepticism And The One-Right-Answer Thesis.
520 _a  In the practice of modern international law, disputes as to the meaning of specific treaty provisions are a frequent occurrence. It is the assumption underlying any such dispute that in a process of interpretation a distinction has to be made between the legally correct and incorrect interpretation result. The legal correctness of an interpretation result is determined by reference to the relevant international law, as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT), Articles 31-33. The result of an interpretation process is correct when it can be successfully defended as being in accordance with the provisions of VCLT Articles 31-33. The result is incorrect when it cannot be so defended. Traditionally, the substance of Articles 31-33 has been described by reference to the various means of interpretation enumerated in said provisions, and little more than that. As argued in this book, more detail is required. On closer inspection, not only does the Vienna Convention provide information on the interpretation data (or means of interpretation) to be used by appliers when interpreting a treaty provision. It also instructs the appliers how, by using each datum, they shall argue to arrive at a conclusion about the meaning of the interpreted provision; and, to some extent, it determines the weight that different data of interpretation shall be afforded when appliers discover that, depending on the specific datum they bring to bear on the interpretation process, the conclusion arrived at will be different. Hence, the regime laid down in VCLT Articles 31-33 will have to be described as a system of rules. This book investigates the contents and structure of this system. By importing knowledge from linguistics, and pragmatics in particular, a model is established giving representation to the concept of a rule of interpretation. Drawing on this model, the book then proceeds to reconstruct the contents of the various rules of interpretation. To facilitate reference, the conclusions suggest a list of 44 rules, all of which can be invoked by appliers citing VCLT Articles 31-33.
650 0 _aLaw.
650 0 _aPhilosophy.
650 0 _aLaw
_xPhilosophy.
650 0 _aPrivate international law.
650 0 _aConflict of laws.
650 0 _aInternational law.
650 0 _aComparative law.
650 0 _aPublic international law.
650 1 4 _aLaw.
650 2 4 _aSources and Subjects of International Law, International Organizations.
650 2 4 _aPublic International Law.
650 2 4 _aTheories of Law, Philosophy of Law, Legal History.
650 2 4 _aPrivate International Law, International & Foreign Law, Comparative Law.
650 2 4 _aPhilosophy, general.
650 2 4 _aFundamentals of Law.
700 1 _aLinderfalk, Ulf.
_eeditor.
710 2 _aSpringerLink (Online service)
773 0 _tSpringer eBooks
776 0 8 _iPrinted edition:
_z9781402063619
830 0 _aLaw and Philosophy Library,
_x1572-4395 ;
_v83
856 4 0 _uhttp://dx.doi.org/10.1007/978-1-4020-6362-6
912 _aZDB-2-SHU
950 _aHumanities, Social Sciences and Law (Springer-11648)
999 _c503138
_d503138