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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


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


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


Evolutionary Interpretation of Treaties: Between Memory and Prophecy

Pierre-Marie Dupuy

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such ... 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


The Core UN Human Rights Treaty Systems

Steven Wheatley

in The Idea of International Human Rights Law

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198749844
eISBN:
9780191814174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198749844.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

Chapter 4 examines the core United Nations human rights treaties. It shows how we can think of these as complex systems, the result of the interactions of the states parties and the treaty bodies. ... More


Evolutionary Interpretation: ‘The Convention is a Living Instrument’

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/9780198743637.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses the idea, in the words of the European Court, that ‘the Convention is a living instrument’. The chapter argues that the domestic courts have taken seriously the notion that if ... More


Novelty in ECtHR Case Law on Torture, But It Is Not Enough—Reopening Domestic Proceedings to End Impunity

Giuliana Ziccardi Capaldo

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190848194
eISBN:
9780190848217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190848194.003.0001
Subject:
Law, Public International Law

This editorial focuses on the violation of the jus cogens principle of non-impunity for acts of torture as occurred in the Cestaro v. Italy case, where the perpetrators went unpunished due to the ... More


Conclusion

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/9780198743637.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

The final chapter concludes that the proper role of the domestic courts in the application of the European Convention on Human Rights (ECHR) is to act as faithful trustees of the Convention. This ... More


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