Description
Book SynopsisThis is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.
Table of ContentsList of contents. List of abbreviations. Table of cases. List of treaties. 1. Introduction. 1.1 Purpose and topic. 1.2 The legal regime for the interpretatation of treaties as a system of rules. 1.3 Basic concepts. 1.4 Method. 1.5 Organisation of work. 1.6 Typographical conventions adhered to. 2. THE CONCEPT OF A RULE OF INTERPRETATION. 2.1 The correct meaning. 2.2 How to determine the correct meaning. 2.3 How to determine the correct meaning (cont’d). 2.4 How to determine the correct meaning (cont’d). 2.5 The concept of a first-order rule of interpretation. 2.6 The concept of a second-order rule of interpretation. 3. USING CONVENTIONAL LANGUAGE ('THE ORDINARY MEANING'). 3.1 Introduction; in particular, regarding the problem caused by social variation in language. 3.2 Regarding the problem caused by social variation in language (cont’d). 3.3 Regarding the problem caused by temporal variation in language. 3.4 Regarding the problem caused by temporal variation in language (cont’d). 3.5 Regarding the problem caused by temporal variation in language (cont’d). 3.6 Conclusions. 4. USING THE CONTEXT: THE 'TEXT' OF A TREATY. 4.1 '[T]he text'. 4.2 '[T]he text' put to use. 4.3 '[T]he text' put to use: different words and phrases shall (sometimes) be given different meanings. 4.4 '[T]he text' put to use: no logical tautologies. 4.5 Conclusions. 5. USING THE CONTEXT: the elements set out in VCLT ART. 31 § 2 (A) och (B). 5.1 The meaning of subparagraph (a): introduction. 5.2 The meaning of subparagraph (a): 'any agreement'. 5.3 The meaning of subparagraph (b). 5.4 The 'agreement' and the 'instrument' put to use. 5.5 Conclusions. 6. Using the context: the elements set out in vclt art. 31 §3. 6.1 Subparagraph (a). 6.2 Subparagraph (b): introduction. 6.3 Subparagraph (b): 'any agreement'. 6.4 Subparagraph (c): introduction. 6.5 Subparagraph (c): 'applicable'. 6.6 The elements put to use. 6.7 Conclusions. 7.Using the object and purpose. 7.1 On the meaning of 'object and purpose' in general. 7.2 '[O]bject and purpose' – one concept or two? Moreover, regarding the variation of an object and purpose over time. 7.3 Treaties with several objects and purposes. 7.4 The 'object and purpose' put to use. 7.5 The 'object and purpose' put to use (cont’d). 7.6 Conclusions. 8. Using the supplementary means of interpretation. 8.1 The meaning of 'supplementary means of interpretation'. 8.2 '[T]he preparatory work of the treaty'. 8.3 '[T]he circumstances of [the treaty’s] conclusion'. 8.4 Other supplementary means of interpretation: ratification work. 8.5 Other supplementary means of interpretation: treaties in pari materia. 8.6 Other supplementary means of interpretation: the context. 8.7 The 'supplementary means of interpretation' put to use. 8.8 Conclusions. 9 Using the supplementary means of interpretation (cont’d). 9.1 The rule of restrictive interpretation. 9.2 The principle of contra proferentem. 9.3 Exceptions shall be narrowly interpreted. 9.4 The rule of necessary implication. 9.5 Interpretation per analogiam. 9.6 Interpretation per argumentum a fortiori. 9.7 Interpretation per argumentum e contrario. 9.8 The principle of ejusdem generis. 9.9 Other claimed rules of interpretation. 10. The relationships between different means of interpretation. 10.1 The relationship between primary and supplementary means of interpretation: an introduction. 10.2 The relationship between primary and supplementary means of interpretation: the second-order rule as a conclusive reason or as a reason pro tanto. 10.3 The expression 'ambiguous or obscure'. 10.4 The expression 'leads to a result which is manifestly absurd or unreasonable'. 10.5 The expression 'leads to a result which is manifestly absurd or unreasonable' (cont’d). 10.6 The expression 'leads to a result which is manifestly absurd or unreasonable'
