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
Автор: Oliver Dorr; Kirsten Schmalenbach Название: Vienna Convention on the Law of Treaties, 2 ed. ISBN: 3662551594 ISBN-13(EAN): 9783662551592 Издательство: Springer Рейтинг: Цена: 41925.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention`s provisions. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties.
Автор: Ineta Ziemele; Deutsches Institut Fur Menschenrech Название: Reservations to Human Rights Treaties and the Vienna Convention Regime ISBN: 9004140646 ISBN-13(EAN): 9789004140646 Издательство: Springer Рейтинг: Цена: 12157.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties. This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.
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: International Committee Of The Red Cross Название: Commentary on the second geneva convention ISBN: 1108436382 ISBN-13(EAN): 9781108436380 Издательство: Cambridge Academ Рейтинг: Цена: 15998.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is intended for any practitioner or academic involved with international humanitarian law. It provides an article-by-article commentary on the Second Geneva Convention, setting out the current interpretation based on the latest practice, case law, academic commentary and International Committee of the Red Cross (ICRC) experience.
Автор: Compiled by International Committee of the Red Cro Название: Commentary on the Third Geneva Convention 2 Volumes Hardback Set ISBN: 1108838987 ISBN-13(EAN): 9781108838986 Издательство: Cambridge Academ Рейтинг: Цена: 60667.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is intended for any practitioner or academic involved with international humanitarian law. It provides an article-by-article commentary setting out current interpretations based on the latest practice, case law, academic commentary and ICRC experience.
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