The Evolutionary Interpretation of Treaties

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book The Evolutionary Interpretation of Treaties by Eirik Bjorge, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Eirik Bjorge ISBN: 9780191025778
Publisher: OUP Oxford Publication: July 17, 2014
Imprint: OUP Oxford Language: English
Author: Eirik Bjorge
ISBN: 9780191025778
Publisher: OUP Oxford
Publication: July 17, 2014
Imprint: OUP Oxford
Language: English

If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

More books from OUP Oxford

Cover of the book The Future of Chinese Capitalism by Eirik Bjorge
Cover of the book Philosophical Foundations of European Union Law by Eirik Bjorge
Cover of the book I Know What You're Thinking by Eirik Bjorge
Cover of the book Conscience: A Very Short Introduction by Eirik Bjorge
Cover of the book The History of Radiology by Eirik Bjorge
Cover of the book Myth: A Very Short Introduction by Eirik Bjorge
Cover of the book The Economic Development of Latin America since Independence by Eirik Bjorge
Cover of the book Willing, Wanting, Waiting by Eirik Bjorge
Cover of the book Mock-Epic Poetry from Pope to Heine by Eirik Bjorge
Cover of the book The Teacher's Guide to Grammar by Eirik Bjorge
Cover of the book Mapping and Measuring Deliberation by Eirik Bjorge
Cover of the book Employment Law Concentrate by Eirik Bjorge
Cover of the book The Histories by Eirik Bjorge
Cover of the book The Law and Politics of the Kosovo Advisory Opinion by Eirik Bjorge
Cover of the book Thomas on Powers by Eirik Bjorge
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy