Static and evolutive treaty interpretation : a functional reconstruction / Christian Djeffal.
2016
KZ1304 .D54 2016 (Mapit)
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Author
Djeffal, Christian, author.
Title
Static and evolutive treaty interpretation : a functional reconstruction / Christian Djeffal.
Imprint
Cambridge, United Kingdom : Cambridge University Press, 2016.
Description
xxvi, 418 pages : illustrations ; 24 cm.
Series
Cambridge studies in international and comparative law (Cambridge, England : 1996)
Formatted Contents Note
Two paths to interpretative method
Suggested solutions
Mode of inquiry : functional reconstruction
Historical account of the means of interpretation
Cardinal cores of the rule : features of the process
Interpretative knots : the system of the VCLT revisited
Shout of encore : evolutive interpretation in the context of the VCLT
Profiling courts : a framework of analysis
The International Court of Justice : peacemakers and disputants
The European Court of Human Rights : an aging activist
Summary and conclusions.
Suggested solutions
Mode of inquiry : functional reconstruction
Historical account of the means of interpretation
Cardinal cores of the rule : features of the process
Interpretative knots : the system of the VCLT revisited
Shout of encore : evolutive interpretation in the context of the VCLT
Profiling courts : a framework of analysis
The International Court of Justice : peacemakers and disputants
The European Court of Human Rights : an aging activist
Summary and conclusions.
Summary
"How should international treaties be interpreted over time? This book offers fresh insights on this age-old question. The Vienna Convention on the Law of Treaties (VCLT) sets out the rules for interpretation, stipulating that treaties should be interpreted inter alia according to the 'ordinary meaning' of the text. Evolutive interpretation has been considered since the times of Gentili and Grotius, but this is the first book to systematically address what evolutive interpretation looks like in reality. It sets out to address how and under what circumstances it can be said that the interpretation of a treaty evolves, and under what circumstances it remains static. With the VCLT as its point of departure, this study develops a functional reconstruction of the rules of treaty interpretation, and explores and analyses how the International Court of Justice and the European Court of Human Rights have approached the issue."--Publisher description.
Bibliography, etc. Note
Includes bibliographical references (pages 369-400) and index.
Location
STA
Call Number
KZ1304 .D54 2016
Language
English
ISBN
9781107118317 (hardback)
110711831X (hardback)
110711831X (hardback)
Record Appears in
Monographs & Serials