Patterns of Treaty Interpretation as Anti-Fragmentation Tools - A Comparative Analysis with a Special Focus on the ECtHR, WTO and ICJ (Hardcover, 1st ed. 2018)

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting 'self-contained' regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR's and WTO's interpretative practices, both the VCLT's general rules of interpretation and the ICJ's interpretative practice serve to counteract the fragmentation of international law.

General

Imprint:	Springer International Publishing AG
Country of origin:	Switzerland
Release date:	2018
First published:	2018
Authors:	Liliana E. Popa
Dimensions:	235 x 155 x 28mm (L x W x T)
Format:	Hardcover
Pages:	390
Edition:	1st ed. 2018
ISBN-13:	978-3-319-65487-4
Categories:	Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Law > Jurisprudence & general issues > Comparative law Books > Law > International law > General Books > Social sciences > Politics & government > International relations > International institutions > General
LSN:	3-319-65487-X
Barcode:	9783319654874

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