Treaty Interpretation

Paperback | October 5, 2010

byRichard Gardiner

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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 beencountered 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 oftreaty 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 ofcase 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 toconsider 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 therelevant domestic legislation. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

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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 beencountered in an international context and also wit...

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 la...
Format:PaperbackDimensions:480 pages, 9.21 × 6.14 × 0.68 inPublished:October 5, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199597049

ISBN - 13:9780199597048

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Table of Contents

IntroductionPart I - Overview, History, Materials, and Dramatis Personae1. A Single Set of Rules of Interpretation2. Development of Rules of Interpretation3. Interpretative Material Generated in Making Treaties4. Who Uses the Vienna Convention to Interpret Treaties?Part II - Interpretation Applying the Vienna Convention on the Law of Treaties5. The General Rule: (1) The Treaty, its Terms, and their Ordinary Meaning6. The General Rule: (2) Agreements as Context, Subsequent Agreements, and Subsequent Practice7. The General Rule: (3) Relevant Rules of International Law and Special Meanings8. Supplementary Means of Interpretation9. Languages

Editorial Reviews

Review from previous edition: "It is very rare 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." --Global Law Books, 2009