International Law

Treaty Interpretation

By Richard Gardiner
Oxford University Press June 2008

Specifications

ISBN-13
9780199277919
Publisher
Oxford University Press
Publication
June 2008
Format
Hardback , 448 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • Looks at one of the most salient topics of international law, how it is applied and interpreted in international and domestic institutions, filling an important gap in the literature
  • Close analysis of the rules of Treaty interpretation from the Vienna Convention on the Law of Treaties, and illustrated with practical case examples and state practice
  • Covers both national and international decisions
  • Analyses the general history, background, and development of the current rules of treaty interpretation

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 be encountered 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 of treaty 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 of case-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 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 domestic legislation. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

Readership: Academics, scholars, and advanced students of international law and international relations. Also practising lawyers, legal advisers, judges, arbitrators, diplomats, legislators, and administrators.

Table of Contents

Preface
Table of Cases
Table of Treaties
I Overview, History, Materials, and Interpreters
1: Introduction
2: History and Development of Rules of Interpretation
3: Making Treaties and Treaty Materials
4: Who Interprets Treaties?
II Interpretation Applying the Vienna Convention on the Law of Treaties
A The General Rule
5: Text, Context, and Ordinary Meaning of Words
6: Agreements on Meaning and Subsequent Practice
7: Relevant Rules of International Law and Special Meanings
B Supplementary Means of Interpretation
8: Preparatory Work and Circumstances of Conclusion of Treaty
C Languages
9: Text in Different Languages
Index

About the Author

Richard Gardiner, Visiting Professor, University College London

 

Reviews

"'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.'" - Malgosia Fitzmaurice, European Journal of International Law 2009

"Gardiner has structured his material in a lucid and intelligible manner...the book reads well, is informative and rich in useful material, and manages to tackle an issue that, at least to this reviewer, seems tremendously difficult, if not terrifying: that of intelligibly interpreting the rules on treaty interpretation. It should be of good use to advanced students and practitioners alike" - Antonios Tzanakopoulos, German Yearbook of International Law
 
 
 

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