Treaty Interpretation

ISBN-13: 9780199669233 / Angielski / Twarda / 2015 / 576 str.

Richard Gardiner

Opis

This series features works on substantial topics in international law which provide authoritative statements of the chosen areas. Taken together they map out the whole of international law in a set of scholarly reference works and treatises intended to be of use to scholars, practitioners, and students.

This book provides a guide to interpreting treaties properly in accordance with the modern rules for treaty interpretation which are codified in the 'Vienna Convention on the Law of Treaties'. These rules now apply to virtually all treaties both in an international context and within many national legal systems where treaties have an impact on a large and growing range of matters. 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 but also how these rules have been, and are to be, applied in practice.

There is now a considerable body of case law on application of the codified rules. This case law, combined with the history and analysis of the rules, 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 legislation.

This expanded edition includes consideration of a range of recent cases, takes account of relevant work of the International Law Commission, and has new material addressing matters raised in the growing body of literature on treaty interpretation.

Recenzje

Review 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.'

O autorze

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.