The Political Interpretation of Multilateral Treaties

The Political Interpretation of Multilateral Treaties
Title The Political Interpretation of Multilateral Treaties PDF eBook
Author Shirley Scott
Publisher BRILL
Pages 231
Release 2004-07-01
Genre Law
ISBN 9047413954

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States have engaged in an intensive process of multilateral treaty making since World War Two despite the fact that few multilateral treaties have fully solved the problems they were designed to address. This inter-disciplinary study of multilateral treaties offers a balanced assessment of the function of multilateral treaties in world politics that draws out the political, as distinct from the legal, meaning of a treaty text. The treaty establishing a regime is regarded as an agreement to set some negotiated limits on pursuit of a common foreign policy goal so that full-blown pursuit of that goal will not bring the States into conflict nor jeopardize any State's pursuit of that goal. States are then able to continue pursuing that goal with, if anything, renewed vigour, albeit within the agreed limits. Theorising the relationship between a treaty text and its political context establishes a basis on which to critically reconceptualize regime effectiveness and on which to develop 'treaty strategy' for use by political actors, including international lawyers.

The Political Interpretation of Multilateral Treaties

The Political Interpretation of Multilateral Treaties
Title The Political Interpretation of Multilateral Treaties PDF eBook
Author Shirley V. Scott
Publisher Brill Nijhoff
Pages 240
Release 2004
Genre Law
ISBN

Download The Political Interpretation of Multilateral Treaties Book in PDF, Epub and Kindle

States have engaged in an intensive process of multilateral treaty making since World War Two despite the fact that few multilateral treaties have fully solved the problems they were designed to address. This inter-disciplinary study of multilateral treaties offers a balanced assessment of the function of multilateral treaties in world politics that draws out the political, as distinct from the legal, meaning of a treaty text. The treaty establishing a regime is regarded as an agreement to set some negotiated limits on pursuit of a common foreign policy goal so that full-blown pursuit of that goal will not bring the States into conflict nor jeopardize any State's pursuit of that goal. States are then able to continue pursuing that goal with, if anything, renewed vigour, albeit within the agreed limits. Theorising that relationship between a treaty text and its political context establishes a basis on which to critically reconceptualize regime effectiveness and on which to develop 'treaty strategy' for use by political actors, including international lawyers.

Treaty Interpretation by the WTO Appellate Body

Treaty Interpretation by the WTO Appellate Body
Title Treaty Interpretation by the WTO Appellate Body PDF eBook
Author Isabelle Van Damme
Publisher
Pages 487
Release 2009
Genre Law
ISBN 0199562237

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This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.

Digitized Statecraft in Multilateral Treaty Participation

Digitized Statecraft in Multilateral Treaty Participation
Title Digitized Statecraft in Multilateral Treaty Participation PDF eBook
Author Takashi Inoguchi
Publisher Springer Nature
Pages 267
Release 2021-04-21
Genre Political Science
ISBN 9813344857

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This book is a rarity in that it opens a genuinely creative new vista for understanding global politics as distinguished from international politics, enhancing the vision for understanding global subjects such as multilateral treaties and the Covid-19 virus. Six hundred multilateral treaties deposited in the UN are conceptualized as a bundle of quasi-social contracts by sovereign states. A state’s participation in multilateral treaties is envisaged as digitized statecraft. Using a state’s physical actions and treaties’ attributes, 193 profiles of statecraft are analyzed with the implications for the future of global politics. This book demonstrates that multilateral treaties are both a vehicle and an agency in the globalization trend; thus, both state and international actors influence a state’s joining multilateral treaties. The book represents a marriage of international law and applied information science. It provides a framework for empirical modeling based on artificial intelligence and analyzes this framework in terms of international law and international relations. This book thus creates a new understanding of global politics.

Interpretation in International Law

Interpretation in International Law
Title Interpretation in International Law PDF eBook
Author Andrea Bianchi
Publisher
Pages 433
Release 2015
Genre International law
ISBN 0198725744

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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Treaty Interpretation

Treaty Interpretation
Title Treaty Interpretation PDF eBook
Author Richard K. Gardiner
Publisher Oxford University Press, USA
Pages 577
Release 2015
Genre Law
ISBN 0199669236

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The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as 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, 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. Since the codified rules of treaty interpretation came into decree, 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 fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

On the Interpretation of Treaties

On the Interpretation of Treaties
Title On the Interpretation of Treaties PDF eBook
Author Ulf Linderfalk
Publisher Springer
Pages 0
Release 2010-11-22
Genre Law
ISBN 9789048176144

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This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.