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Treaty Interpretation Under the Vienna Convention on the Law of Treaties - A New Round of Codification (Paperback, Softcover reprint of the original 1st ed. 2017)
Loot Price: R3,294
Discovery Miles 32 940
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Treaty Interpretation Under the Vienna Convention on the Law of Treaties - A New Round of Codification (Paperback, Softcover reprint of the original 1st ed. 2017)
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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 (such as 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.
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