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Treaty Interpretation: Rules and Methods

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0011
Subject:
Law, Public International Law

This chapter begins by examining the constitutional relevance of the Vienna Convention rules of interpretation, and the debate on the need for rules of interpretation. After covering historical and ... More


Concepts Cognate to Jus Cogens

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0005
Subject:
Law, Public International Law

This chapter examines some concepts which are cognate to jus cogens due to their nature, and also on some concepts that are often seen to resemble jus cogens but in the final analysis have bilateral ... More


Interpretation of Customary Rules

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0016
Subject:
Law, Public International Law

This chapter covers the interpretation of customary rules arguably for the first time in English. The nature of customary rules, in terms of whether they are substantive or reference rules, will ... More


Interpretation of Unilateral Acts and Statements

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0014
Subject:
Law, Public International Law

This chapter demonstrates that unilateral acts and statements of States have to be interpreted according to their plain and ordinary meaning, just like treaties. It focuses on unilateral acts in ... More


Accounting for Difference in Treaty Interpretation Over Time

Julian Arato

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0010
Subject:
Law, Public International Law, Constitutional and Administrative Law

The law of treaty interpretation aspires to unity. All treaties are formally subject to the same rules of interpretation, codified in the Vienna Convention. Yet time and again we hear that some kinds ... More


Subsequent Practice as a Means of Treaty Modification

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/9780198787822.003.0003
Subject:
Law, Public International Law, Company and Commercial Law

This chapter surveys the degree of recognition of the process of treaty modification by subsequent practice in the case law and doctrine. The analysis begins with the original ILC provision on treaty ... More


The Future We Want: Sustainable Development as an Inherent Aim of Foreign Investment Protection

Ilze Dubava

in How International Law Works in Times of Crisis

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198849667
eISBN:
9780191883941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198849667.003.0011
Subject:
Law, Public International Law

Sustainable development is currently acknowledged as a new paradigm in international investment protection law—to be taken into account when planning domestic investment policies and drafting future ... More


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