Alexander Orakhelashvili
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546220
- eISBN:
- 9780191720000
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546220.003.0012
- Subject:
- Law, Public International Law
This chapter examines the origins and parameters of the principle of effectiveness in the field of treaty interpretation, and applies it to a number of fields. This is relevant for interpreting ...
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This chapter examines the origins and parameters of the principle of effectiveness in the field of treaty interpretation, and applies it to a number of fields. This is relevant for interpreting treaties in general, for avoiding redundancy of treaty clauses, for interpreting exceptions, and construing the powers of international organisations and tribunals on the basis of the doctrines of implied and inherent powers. The chapter demonstrates that the principle of effectiveness is received in international jurisprudence without any substantial objection, and it negates the principle of restrictive interpretation, which is consistently rejected in jurisprudence.Less
This chapter examines the origins and parameters of the principle of effectiveness in the field of treaty interpretation, and applies it to a number of fields. This is relevant for interpreting treaties in general, for avoiding redundancy of treaty clauses, for interpreting exceptions, and construing the powers of international organisations and tribunals on the basis of the doctrines of implied and inherent powers. The chapter demonstrates that the principle of effectiveness is received in international jurisprudence without any substantial objection, and it negates the principle of restrictive interpretation, which is consistently rejected in jurisprudence.
