| |
| |
List of abbreviations | |
| |
| |
Table of cases | |
| |
| |
List of treaties | |
| |
| |
| |
Introduction | |
| |
| |
| |
Purpose and topic | |
| |
| |
| |
The legal regime for the interpretatation of treatiesnbsp;as a system of rules | |
| |
| |
| |
Basic concepts | |
| |
| |
| |
Method | |
| |
| |
| |
Organisation of work | |
| |
| |
| |
Typographical conventions adhered to | |
| |
| |
| |
The Concept of a Rule of Interpretation | |
| |
| |
| |
The correct meaning | |
| |
| |
| |
How to determine the correct meaning | |
| |
| |
| |
How to determine the correct meaning (cont''d) | |
| |
| |
| |
How to determine the correct meaning (cont''d) | |
| |
| |
| |
The concept of a first-order rule of interpretation | |
| |
| |
| |
The concept of a second-order rule of interpretation | |
| |
| |
| |
Using Conventional Language ("The Ordinary Meaning") | |
| |
| |
| |
Introduction; in particular, regarding the problem caused by social variation in language | |
| |
| |
| |
Regarding the problem caused by social variation in language (cont''d) | |
| |
| |
| |
Regarding the problem caused by temporal variation in language | |
| |
| |
| |
Regarding the problem caused by temporal variation in language (cont''d) | |
| |
| |
| |
Regarding the problem caused by temporal variation in language (cont''d) | |
| |
| |
| |
Conclusions | |
| |
| |
| |
Using the Context: the "Text" of a Treaty | |
| |
| |
| |
"[T]he text" | |
| |
| |
| |
"[T]he text" put to use | |
| |
| |
| |
"[T]he text" put to use: different words and phrases shall (sometimes) be given different meanings | |
| |
| |
| |
"[T]he text" put to use: no logical tautologies | |
| |
| |
| |
Conclusions | |
| |
| |
| |
Using the Context: the elements set out in VCLT ART. 31 2 (A) och (B) | |
| |
| |
| |
The meaning of subparagraph (a): introduction | |
| |
| |
| |
The meaning of subparagraph (a): "any agreement" | |
| |
| |
| |
The meaning of subparagraph (b) | |
| |
| |
| |
The "agreement" and the "instrument" put to use | |
| |
| |
| |
Conclusions | |
| |
| |
| |
Using the context: the elements set out in vclt art. 31 3 | |
| |
| |
| |
Subparagraph (a) | |
| |
| |
| |
Subparagraph (b): introduction | |
| |
| |
| |
Subparagraph (b): "any agreement" | |
| |
| |
| |
Subparagraph (c): introduction | |
| |
| |
| |
Subparagraph (c): "applicable" | |
| |
| |
| |
The elements put to use | |
| |
| |
| |
Conclusions | |
| |
| |
| |
Using the object and purpose | |
| |
| |
| |
On the meaning of "object and purpose" in general | |
| |
| |
| |
"[O]bject and purpose" - one concept or two? Moreover, regarding the variation of an object and purpose over time | |
| |
| |
| |
Treaties with several objects and purposes | |
| |
| |
| |
The "object and purpose" put to use | |
| |
| |
| |
The "object and purpose" put to use (cont''d) | |
| |
| |
| |
Conclusions | |
| |
| |
| |
Using the supplementary means of interpretation | |
| |
| |
| |
The meaning of "supplementary means of interpretation" | |
| |
| |
| |
"[T]he preparatory work of the treaty" | |
| |
| |
| |
"[T]he circumstances of [the treaty''s] conclusion" | |
| |
| |
| |
Other supplementary means of interpretation: ratification work | |
| |
| |
| |
Other supplementary means of interpretation: treaties in pari materia | |
| |
| |
| |
Other supplementary means of interpretation: the context | |
| |
| |
| |
The "supplementary means of interpretation" put to use | |
| |
| |
| |
Conclusions | |
| |
| |
| |
Using the supplementary means of interpretation (cont''d) | |
| |
| |
| |
The rule of restrictive interpretation | |
| |
| |
| |
The principle of contra proferentem | |
| |
| |
| |
Exceptions shall be narrowly interpreted | |
| |
| |
| |
The rule of necessary implication | |
| |
| |
| |
Interpretation per analogiam | |
| |
| |
| |
Interpretation per argumentum a fortiori | |
| |
| |
| |
Interpretation per argumentum e contrario | |
| |
| |
| |
The principle of ejusdem generis | |
| |
| |
| |
Other claimed rules of interpretation | |
| |
| |
| |
The relationships between different means of interpretation | |
| |
| |
| |
The relationship between primary and supplementary means of interpretation: an introduction | |
| |
| |
| |
The relationship between primary and supplementary means of interpretation: the second-order rule as a conclusive reason or as a reason pro tanto | |
| |
| |
| |
The expression "ambiguous or obscure" | |
| |
| |
| |
The expression "leads to a result which is manifestly absurd or unreasonable" | |
| |
| |
| |
The expression "leads to a result which is manifestly absurd or unreasonable" (cont''d) | |
| |
| |
| |
The expression "leads to a result which is manifestly absurd or unreasonable" (cont''d) | |
| |
| |
| |
The relationship between primary means of interpretation and supplemenatry means of interpretation, respectively | |
| |
| |
| |
Conclusions | |
| |
| |
| |
The special | |