International Law

Treaty Interpretation

By Richard Gardiner
Oxford University Press September 2010

Specifications

ISBN-13
9780199597048
Publisher
Oxford University Press
Publication
September 2010
Format
Paperback
Jurisdiction
International ? Countri(es) for reference only

Details

  • Features a new introduction with analysis of developments in treaty interpretation since 2008
  • Includes in-depth analysis of the rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties, illustrated with practical case examples and state practice
  • 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

Contents:
Introduction
Part I - Overview, History, Materials, and Dramatis Personae
1: A Single Set of Rules of Interpretation
2: Development of Rules of Interpretation
3: Interpretative Material Generated in Making Treaties
4: Who Uses the Vienna Convention to Interpret Treaties?
Part II - Interpretation Applying the Vienna Convention on the Law of Treaties
5: The General Rule: (1) The Treaty, its Terms, and their Ordinary Meaning
6: The General Rule: (2) Agreements as Context, Subsequent Agreements, and Subsequent Practice
7: The General Rule: (3) Relevant Rules of International Law and Special Meanings
8: Supplementary Means of Interpretation
9: Languages;

About the Author

Richard Gardiner, Visiting Professer, University College London

Reviews

"Gardiner has structured his material in a lucid and intelligble 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 2010.

Review(s) 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.' - Malgosia Fitzmaurice, European Journal of International Law 2009

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