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Static and evolutive treaty interpretation : a functional reconstruction / by Christian Djeffal.

By: Material type: TextTextSeries: Cambridge studies in international and comparative law ; 124.Publisher: Cambridge, United Kingdom : Cambridge University Press, 2015Description: 1 online resource (452 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781316339558
  • 1316339556
  • 9781316439647
  • 131643964X
Subject(s): Genre/Form: Additional physical formats: Print version:: No titleDDC classification:
  • 341/.026 23
LOC classification:
  • KZ1304 .D54 2015
Online resources:
Contents:
Two paths to interpretative method -- Suggested solutions -- Mode of inquiry : functional reconstruction -- Historical account of the means of interpretation -- Cardinal cores of the rule : features of the process -- Interpretative knots : the system of the VCLT revisited -- Shout of encore : evolutive interpretation in the context of the VCLT -- Profiling courts : a framework of analysis -- The International Court of Justice : peacemakers and disputants -- The European Court of Human Rights : an aging activist -- Summary and conclusions.
Summary: How should international treaties be interpreted over time? This book offers fresh insights on this age-old question. The Vienna Convention on the Law of Treaties (VCLT) sets out the rules for interpretation, stipulating that treaties should be interpreted inter alia according to the 'ordinary meaning' of the text. Evolutive interpretation has been considered since the times of Gentili and Grotius, but this is the first book to systematically address what evolutive interpretation looks like in reality. It sets out to address how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static. With the VCLT as its point of departure, this study develops a functional reconstruction of the rules of treaty interpretation, and explores and analyses how the International Court of Justice and the European Court of Human Rights have approached the issue.
Item type: List(s) this item appears in: A special display of selected books and eBooks written by Prof. Tirthankar Roy
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How should international treaties be interpreted over time? This book offers fresh insights on this age-old question. The Vienna Convention on the Law of Treaties (VCLT) sets out the rules for interpretation, stipulating that treaties should be interpreted inter alia according to the 'ordinary meaning' of the text. Evolutive interpretation has been considered since the times of Gentili and Grotius, but this is the first book to systematically address what evolutive interpretation looks like in reality. It sets out to address how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static. With the VCLT as its point of departure, this study develops a functional reconstruction of the rules of treaty interpretation, and explores and analyses how the International Court of Justice and the European Court of Human Rights have approached the issue.

Two paths to interpretative method -- Suggested solutions -- Mode of inquiry : functional reconstruction -- Historical account of the means of interpretation -- Cardinal cores of the rule : features of the process -- Interpretative knots : the system of the VCLT revisited -- Shout of encore : evolutive interpretation in the context of the VCLT -- Profiling courts : a framework of analysis -- The International Court of Justice : peacemakers and disputants -- The European Court of Human Rights : an aging activist -- Summary and conclusions.

Print version record.

Includes bibliographical references and index.

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