Intertemporal linguistics in international law : beyond contemporaneous and evolutionary treaty interpretation / Julian Wyatt.

Format:

Book

Author/Creator:

Wyatt, Julian, author.

Series:

Studies in international law ; volume 74.

Studies in international law ; volume 74

Language:

English

Subjects (All):

Treaties--Interpretation and construction.

Treaties.

Treaties--Language.

Historical linguistics.

Forensic linguistics.

Physical Description:

1 online resource (xxi, 307 pages) : illustrations.

Distribution:

[London, England] : Bloomsbury Publishing, 2020.

Place of Publication:

Oxford : Hart, 2020.

Summary:

"Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever-increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law - including even the oft-cited evolutionary interpretation doctrine - provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law"-- Provided by publisher.

Contents:

Introduction

The Rise and Fall of the Principle of Contemporaneity

The Emergence and Splitting of the Evolutionary Treaty Interpretation Doctrine

Refocusing on and Defining the Static and Dynamic Approaches to the Problem of Intertemporal Linguistics

The VCLT's Interpretative Rules do not Solve the Problem

6. The Post-Namibia International Case Law does not Provide a General Solution to the Problem

The Problem of Intertemporal Linguistics as an Issue of Ambiguity, Not Vagueness

Disambiguating Original and Later-emerging Senses Using a Temporal Sense-Intention

Features of Interpretative Situations that Might Imply a Temporal Sense-Intention

Organising the Features into a Workable Method for Inferring the Temporal Sense-Intention and Solving the Problem

Conclusion.

Notes:

Includes bibliographical references and index.

ISBN:

1-5099-2952-5

1-5099-2950-9

1-5099-2951-7

OCLC:

1135876848