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The Evolutionary Interpretation of Treaties

The Evolutionary Interpretation of Treaties

Author: Eirik Bjorge
Publisher: Oxford University Press
ISBN: 9780198716143
Published In: July 2014
Format: Hardback , 240 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Investigates the contentious issue of the interpretation of treaties in light of changing conditions and subsequent development of international law
Argues that the evolutionary interpretation of treaties should be understood as the natural corollary of the parties' intentions
Provides detailed analysis of the jurisprudence of the International Court of Justice, international arbitral tribunals, the European Court of Human Rights, the European Court of Justice, and the Inter-American Court of Human Rights, as well as domestic courts

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.

Readership: Scholars and students of international law and international relations; Practitioners, government and NGO legal advisers working with treaties

1: Introduction
2: Different Regimes, Different Techniques?
3: The Interplay of Interpretive Factors
4: Temporal Backdrop
5: Evolutionary Interpretation - Or Not?
6: Conclusion

Eirik Bjorge is the Shaw Foundation Junior Research Fellow at Jesus College, University of Oxford. He holds a DPhil from the University of Oxford.

"This excellent book leads us to the heart of international law through its tensions between stability, change, unilateralism and objectivism with a highly balanced and well grounded lawyerly view. It will be indispensable to anyone - both academics and practitioners - concerned with the interpretation and application of treaties." -Professor Attila Tanzi, Chair of International Law, University of Bologna