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

Format:

Book

Author/Creator:

Djeffal, Christian, author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 124.

Cambridge studies in international and comparative law ; 124

Language:

English

Subjects (All):

Treaties--Interpretation and construction.

Treaties.

Physical Description:

1 online resource (xxvi, 418 pages) : digital, PDF file(s).

Other Title:

Static & Evolutive Treaty Interpretation

Place of Publication:

Cambridge : Cambridge University Press, 2016.

System Details:

text file

PDF

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.

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.

Notes:

Title from publisher's bibliographic system (viewed on 01 Jan 2016).

Other Format:

Print version:

ISBN:

9781316339558

Access Restriction:

Restricted for use by site license.