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The Evolutionary Interpretation of Treaties

Eirik Bjorge

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.001.0001
Subject:
Law, Public International Law, Legal History

The evolutionary interpretation of treaties has proven in recent times to be one of the most controversial topics of the law of treaties. The reason for this is that the evolutionary interpretation ... More


The Law of Treaties

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0002
Subject:
Law, Human Rights and Immigration

This chapter evaluates how the Strasbourg bodies have used Articles 31 and 32 of the Vienna Convention on the Law of Treaties. These provisions have recently resurfaced in the context of ... More


The Principles of Conflict Resolution

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0003
Subject:
Law, Public International Law, EU Law

Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. ... More


Introduction

Eirik Bjorge

in The Evolutionary Interpretation of Treaties

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.003.0001
Subject:
Law, Public International Law, Legal History

Chapter 1 introduces the argument of the book. It presents the research question, that is, what is the place of the evolutionary interpretation of treaties within the rules of treaty interpretation ... More


The Means of Interpretation Admissible for the Establishment of the Intention of the Parties

Eirik Bjorge

in The Evolutionary Interpretation of Treaties

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.003.0003
Subject:
Law, Public International Law, Legal History

Chapter 3 takes issue with the perceived wisdom that the approach to treaty interpretation opted for in the Vienna Convention has been that the general rule of interpretation put paid to the notion ... More


Conclusion: Evolution Intended

Eirik Bjorge

in The Evolutionary Interpretation of Treaties

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.003.0006
Subject:
Law, Public International Law, Legal History

Chapter 6 concludes the analysis by showing that the answer to the research question posed in Chapter 1 is that the evolutionary interpretation of treaties is an outcome of the process described in ... More


Modification of Treaties by Subsequent Practice

Irina Buga

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.001.0001
Subject:
Law, Public International Law, Company and Commercial Law

Treaties must undergo transformation and modernization to reflect changing norms and developments in international law. But treaties can be notoriously difficult to amend by formal means. One crucial ... More


Judicial Standards of Review and Administration of Justice in Trade and Investment Law and Adjudication

Ernst-Ulrich Petersmann

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0002
Subject:
Law, Public International Law, Comparative Law

Chapter 2 analyses the inherent powers of international courts, as recognized in the customary law requirements of interpreting international treaties and settling related disputes in conformity with ... More


The Cultural Dimension of the Crime of Genocide

Elisa Novic

in The Concept of Cultural Genocide: An International Law Perspective

Published in print:
2016
Published Online:
December 2016
ISBN:
9780198787167
eISBN:
9780191829253
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787167.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

The issue of cultural genocide re-emerged in the legal context of genocide, in relation to the interpretation of its mens rea: whether the words ‘group destruction’ should be understood as the ... More


Introduction

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0001
Subject:
Law, Public International Law, Company and Commercial Law

This chapter introduces the discussion of the key role of subsequent practice in the process of treaty adaptation and the formation of international law more generally. The chapter explains the need ... More


Subsequent Practice as a Means of Treaty Interpretation

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0002
Subject:
Law, Public International Law, Company and Commercial Law

This chapter focuses on the well-established role of subsequent practice in the interpretative process. It begins by examining the concept of ‘subsequent practice’ in light of the drafting history of ... More


Conclusion

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0006
Subject:
Law, Public International Law, Company and Commercial Law

This concluding chapter gives an overview of the book’s main conclusions, painting a larger picture of the workings of the process of treaty modification by subsequent practice and customary law. It ... More


Proportionality and the Concept of Systemic Integration

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0004
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses the relevant legal instruments and the vehicle that can—under certain conditions—import them into investor–State arbitration: the concept of systemic integration enshrined in ... More


Proportionality and Expropriation

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0005
Subject:
Law, Public International Law, Company and Commercial Law

This chapter examines whether and under what circumstances international investment agreement (IIA) provisions on expropriation involve a proportionality analysis. The chapter is organized as ... More


Judicial Dialogue as a Means of Interpretation

Antonios Tzanakopoulos

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0005
Subject:
Law, Public International Law

This chapter discusses whether judicial dialogue on international law between domestic courts may be conceptualized as a new means of interpretation—beyond the Vienna Convention on the Law of ... More


Judge Brower and the Vienna Convention Rules of Treaty Interpretation

Stanimir A Alexandrov

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0028
Subject:
Law, Public International Law, Company and Commercial Law

This chapter examines Judge Brower’s application of the rules of treaty interpretation set forth in the Vienna Convention on the Law of Treaties (VCLT). The analysis focuses on his separate or ... More


When Popular Decisions Rest on Shaky Foundations: Systemic Implications of Selected WTO Appellate Body Trade Remedies Jurisprudence

Meredith Kolsky Lewis

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0009
Subject:
Law, Public International Law

This chapter argues that the WTO Appellate Body has not been consistent in applying Article 31 of the Vienna Convention on the Law of Treaties and considering the context of the relevant treaty text ... More


Reconciling Investment Protection and Sustainable Development: A Plea for an Interpretative U-Turn

Katharina Berner

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0009
Subject:
Law, Public International Law, Environmental and Energy Law

Despite its unbroken attractiveness, the international investment law regime has recently come under pressure to abandon its pre-occupation with investors’ rights and to focus more strongly on ... More


European Consensus and International Law

Ineta Ziemele

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

The concept of ‘European consensus’ is the creation of the European Court of Human Rights. Early on, the Court determined that the European Convention on Human Rights is a living instrument and that, ... More


Incorporation: Conceptual Relationship between ECHR and National Law

Eirik Bjorge

in Domestic Application of the ECHR: Courts as Faithful Trustees

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198743637
eISBN:
9780191803246
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743637.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter sets out the constitutional starting point for domestic courts when they adjudicate cases touching on the relationship between domestic law and the European Convention on Human Rights ... More


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