Описание: In the practice of modern international law, disputes as to the meaning of specific treaty provisions are a frequent occurrence. It is the assumption underlying any such dispute that in a process of interpretation a distinction has to be made between the legally correct and incorrect interpretation result. The legal correctness of an interpretation result is determined by reference to the relevant international law, as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT), Articles 31-33. The result of an interpretation process is correct when it can be successfully defended as being in accordance with the provisions of VCLT Articles 31-33. The result is incorrect when it cannot be so defended.Traditionally, the substance of Articles 31-33 has been described by reference to the various means of interpretation enumerated in said provisions, and little more than that. As argued in this book, more detail is required. On closer inspection, not only does the Vienna Convention provide information on the interpretation data (or means of interpretation) to be used by appliers when interpreting a treaty provision. It also instructs the appliers how, by using each datum, they shall argue to arrive at a conclusion about the meaning of the interpreted provision; and, to some extent, it determines the weight that different data of interpretation shall be afforded when appliers discover that, depending on the specific datum they bring to bear on the interpretation process, the conclusion arrived at will be different. Hence, the regime laid down in VCLT Articles 31-33 will have to be described as a system of rules.
Автор: Lostal Название: International Cultural Heritage Law in Armed Conflict ISBN: 1107169216 ISBN-13(EAN): 9781107169210 Издательство: Cambridge Academ Рейтинг: Цена: 17266.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book addresses the protection of cultural heritage in armed conflict. It spells out this area`s discrete legal principles, providing easy-to-understand guidelines for lawyers and non-lawyers alike. Through case studies, it provides a novel perspective of the issue which will engender debate and cause reflection among cultural heritage professionals and academics.
Описание: Capturing the Change: Universalising Tendencies in Legal Interpretation.- Capturing the Change: Universalising Tendencies in Legal Interpretation.- Legal Theory.- Transformations in Law Interpretation: Towards a Universal Approach - The Phenomenon, Causes and Symptoms.- Discourse Ethics as a Basis of the Application of Law.- Judicial Interpretation of Bilingual and Multilingual Laws: A European and Hong Kong Comparison.- The European Dual Nature: Unity/Fragmentation.- European Law.- The Universalisation of Legal Interpretation.- The Power of National Courts in Interpreting Domestic and EU Law: The Indeterminacy of Choice.- Implementation of European Regulation of the Financial Sector: Consequences for the Consumer Protection.- Joint Competence of the EC and Its Member States as a Source of Divergent Interpretations of the TRIPS Agreement at Community and National Levels.- Some Idealism About Realism. Judging Under Certainty and the Standardization of Adjudication in the EC Law.- European Criminal Law.- Pro-European Interpretation of Criminal Law Vis-а-vis the Constitutional Standards of the European Union Member States.- Linguistic Pluralism and Interpretation of European Law in the Third Pillar, Discussed with Reference to the Example of Article 54 of the Convention Implementing the Schengen Agreement.- Introducing Hermeneutic Methods in Criminal Law Interpretation in Europe.- Private Law.- Fifty Years in Five? The Brazilian Approach to the New York Convention.- Explaining Transnational Rules: Discourses and Material Conditions When Implementing the Swedish Corporate Code of Conduct.- The Translation of Transplanted Rules: The Case of the Swedish Nomination Committee.- Transnational Law, Between Ius Mercatorum and Ius Civile.
Автор: Tarcisio Gazzini Название: Interpretation of International Investment Treaties ISBN: 1849462682 ISBN-13(EAN): 9781849462686 Издательство: Bloomsbury Academic Рейтинг: Цена: 20592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a systematic study of the interpretation of investment-related treaties. The book takes a practical and problem-solving approach based on arbitral awards and State practice, following the structure of the articles on treaty interpretation contained in the VCLT.
Описание: Explains the insufficiencies of the current VCLT rules of treaty interpretation in addressing some traditional treaty interpretation issues and the challenges encountered by the current rules Provides a comprehensive review of the codification of the VCLT concerning customary rules of treaty interpretation and explains the desirability of a second round of treaty interpretation
Proposes certain treaty interpretation rules to be codified to address the fragmentation of treaties, the coordination between different treaties, and the need of introducing external values, including human rights, into a treaty through treaty interpretation to make treaty interpretation more consistent and more in line with the shared value of international community
Описание: In Domestic Courts and the Interpretation of International Law , Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
Автор: Mundorff, Kurt Название: A Cultural interpretation of the genocide convention ISBN: 036743816X ISBN-13(EAN): 9780367438166 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book critiques the dominant physical and biological interpretation of the Genocide Convention and argues that the idea of "culture" is central to properly understanding the crime of genocide.
Название: How Interpretation Makes International Law ISBN: 0198712979 ISBN-13(EAN): 9780198712978 Издательство: Oxford Academ Рейтинг: Цена: 7681.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: An account of how the practice of interpretation makes international law, drawing specific attention to the increasing authority of international courts and institutions, this book analyses the role that the language plays in shaping international law. It addresses the key issue of how it contributes to the evolution of international norms.
Автор: Fritsch Название: Museum Gallery Interpretation and Material Culture ISBN: 0415885752 ISBN-13(EAN): 9780415885751 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Museum Gallery Interpretation and Material Culture publishes the proceedings of the first annual Sackler Centre for Arts Education conference at the Victoria and Albert Museum (V&A) in London. The conference launched the annual series by addressing the question of how gallery interpretation design and management can help museum visitors learn about art and material culture. The book features a range of papers by leading academics, museum learning professionals, graduate researchers and curators from Europe, the USA and Canada.
The papers present diverse new research and practice in the field, and open up debate about the role, design and process of exhibition interpretation in museums, art galleries and historic sites. The authors represent both academics and practitioners, and are affiliated with high quality institutions of broad geographical scope. The result is a strong, consistent representation of current thinking across the theory, methodology and practice of interpretation design for learning in museums.
Автор: Djeffal Название: Static and Evolutive Treaty Interpretation ISBN: 110711831X ISBN-13(EAN): 9781107118317 Издательство: Cambridge Academ Рейтинг: Цена: 19800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How should international treaties be interpreted over time? This is the first book to address what evolutive interpretation looks like in reality. It addresses how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static.
Описание: This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
Описание: As part of its review of competition law that started in the late 1990s, the European Commission proposed to revise its interpretation and application of the Treaty`s prohibition of abuses of dominant positions. This book appraises the Commission`s proposals.
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