On the Interpretation of Treaties

The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties

By: Ulf Linderfalk

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Hardcover | 19 September 2007

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440 Pages

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23.39 x 15.6 x 2.54

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1 PURPOSE AND TOPIC We live in the age of treaties. Increasingly, bilateral and multilateral written agreements are used for the creation of new international legal standards. For political reasons, states are decreasingly less willing to rely upon customary international law for the regulation of legal matters. New technology and growing international exchange have established the need for an ever more precise and flexible international law - a need not satisfactorily met by customary law. In many fields of activity, we can seriously question whether the creation of a rule of custom is at all possible. Considering also that the number of states capable of drafting and concluding treaties seems to be growing, it is not surprising that treaties are concluded far more frequently than ever before. In several ways this is a development that should be met with approval. By entering into written agreements, states avoid the difficulties inherent in customary international law. At the same time, the increasing number of treaties should also be causing concern. The more treaties that are concluded, the more treaties that will have to be applied; and the more treaties that are applied, the more often the question will arise: To what extent, and under what specific conditions, should such an application occur? Naturally, this includes the question of how treaties should be interpreted.

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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
Table of Contents provided by Publisher. All Rights Reserved.

On the Interpretation of Treaties

The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties

At a Glance

Hardcover

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