Interpretation In International Law

Author by : Andrea Bianchi
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 251
File Size : 40,9 Mb
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Description : Interpretation in International Law is an innovative volume that foregrounds interpretation as central to the generation of legal meaning in international law. The book encourages international lawyers to reflect creatively on how they interpret international law, and to stimulate further research on interpretation in an innovative vein.


The Interpretation Of Acts And Rules In Public International Law

Author by : Alexander Orakhelashvili
Languange : en
Publisher by : Oxford University Press on Demand
Format Available : PDF, ePub, Mobi
Total Read : 28
Total Download : 286
File Size : 53,9 Mb
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Description : This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.


Interpretation Of Tax Treaties Under International Law

Author by : F. A. Engelen
Languange : en
Publisher by : IBFD
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 153
File Size : 43,9 Mb
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Description : The principal purpose of this study is to analyse and discuss the rules and principles of international law relevant to the interpretation of treaties in general, and their application to tax treaties in particular. The rules of international law enshrined in Articles 31, 32 and 33 of the Vienna Convention on the Law of Treaties are discussed in detail. Where appropriate, reference is made to the jurisprudence of the International Court of Justice, and to the law and procedure of other international courts and tribunals. Since tax treaties are not only a source of legal rights and obligations for the contracting States, but can also be invoked by the taxpayers of those States, this book considers the extent to which the relevant rules and principles of international law are binding on domestic courts and taxpayers. The effect of international law in a State's national legal order is largely dependent on its relevant rules of constitutional law, which vary from country to country. In order to address this issue, the book draws upon the example of the Netherlands and provides a number of leading cases decided by the Dutch Supreme Court (Hoge Raad).


The Interpretation Of International Law By Domestic Courts

Author by : Helmut Philipp Aust
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 196
File Size : 46,5 Mb
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Description : The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.


On The Interpretation Of Treaties

Author by : Ulf Linderfalk
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 61
Total Download : 320
File Size : 46,5 Mb
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Description : This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.


Judicial Interpretation Of International Law In The United States

Author by : Charles Pergler
Languange : en
Publisher by : William S. Hein & Co., Inc.
Format Available : PDF, ePub, Mobi
Total Read : 96
Total Download : 254
File Size : 54,7 Mb
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Description :


Evolutionary Interpretation And International Law

Author by : Georges Abi-Saab
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 27
Total Download : 710
File Size : 40,5 Mb
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Description : This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.


Ernest Renan

Author by : William Francis Barry
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 678
File Size : 48,8 Mb
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Description :


How Interpretation Makes International Law

Author by : Ingo Venzke
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 19
Total Download : 179
File Size : 55,7 Mb
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Description : 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.


Legal Interpretation In International Commercial Arbitration

Author by : Dr Joanna Jemielniak
Languange : en
Publisher by : Ashgate Publishing, Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 21
Total Download : 213
File Size : 47,8 Mb
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Description : This book fills a gap in legal academic study and practice in International Commercial Arbitration by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. The book also includes comparative examinations of existing legal framework and case law which reflect the international nature of the subject.