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On the Interpretation of Treaties The Modern International Law As Expressed in the 1969 Vienna Convention on the Law of Treaties

ISBN-10: 140206361X

ISBN-13: 9781402063619

Edition: 2007

Authors: Ulf Linderfalk

List price: $249.99
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Book details

List price: $249.99
Copyright year: 2007
Publisher: Springer
Publication date: 9/19/2007
Binding: Hardcover
Pages: 414
Size: 6.25" wide x 9.25" long x 1.25" tall
Weight: 1.694
Language: English

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