Treaty Interpretation Under the Vienna Convention on the Law of Treaties A New Round of Codification 1st edition by Chang fa Lo – Ebook PDF Instant Download/Delivery. 9811068658, 9789811068652
Product details:
ISBN 10: 9811068658
ISBN 13: 9789811068652
Author: Chang-fa Lo
This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (suchas the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.
Table of contents:
- Revisiting the Essence of Treaty Interpretation
- Treaty Interpretation vs. Other Legal Interpretations
- Codification and VCLT as Customary Rules of Treaty Interpretation
- Desirability and Principles for New Codification
- Boundaries of Treaty Interpretation and Possible Codification
- Differences Between Interpretation and Application of Treaties
- Relations Between Treaty Interpretation and Fact Finding
- International Adjudicators and Non-adjudicators as Treaty Interpreters
- Interpreting Treaties for Private Matters
- Methods for Determining Ordinary Meaning
- Considering Object-and-Purpose in Interpretation
- Considering Context in Interpretation
- Special Meaning and Supplementary Means
- Other Supplementary Interpretation Principles
- Time Factor and Evolutive Interpretation
- Formula Approach for Indefinite Legal Concepts
- Sequence, Hierarchy, and Good Faith in Interpretation
- Fundamental Values in Treaty Interpretation
- Coordination Between Different Treaties
- Conclusion: Features and Perspectives of New Codified Rules
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