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Static and Evolutive Treaty Interpretation
A Functional Reconstruction

$41.99 (C)

Part of Cambridge Studies in International and Comparative Law

  • Date Published: December 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781107543645

$ 41.99 (C)

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About the Authors
  • 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.

    • Proposes a new way to understand interpretation under the Vienna Convention on the Law of Treaties
    • Defends the evolutive theory of treaty interpretation, by assessing how the theory is manifested in the jurisprudence of the ICJ and ECtHR
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    Product details

    • Date Published: December 2018
    • format: Paperback
    • isbn: 9781107543645
    • length: 450 pages
    • dimensions: 230 x 152 x 22 mm
    • weight: 0.65kg
    • contains: 7 b/w illus. 7 tables
    • availability: Available
  • Table of Contents

    Part I. Definitions, Assumptions and Method:
    1. Two paths to interpretative method
    2. Suggested solutions
    3. Mode of inquiry: functional reconstruction
    Part II. The Rule of Interpretation in the VCLT: Method and Methodology:
    4. Historical account of the means of interpretation
    5. Cardinal cores of the rule: features of the process
    6. Interpretative knots: the system of the VCLT revisited
    7. Shout of encore: evolutive interpretation in the context of the VCLT
    Part III. Court Practice:
    8. Profiling courts: a framework of analysis
    9. The International Court of Justice: peacemakers and disputants
    10. The European Court of Human Rights: an aging activist
    Part IV. Summary and Conclusions:
    11. Summary and conclusions.

  • Author

    Christian Djeffal, Humboldt-Universität zu Berlin
    Christian Djeffal received his Ph.D. from Humboldt Universität zu Berlin, where he worked as a research assistant. He is currently a law clerk at the Higher Regional Court of Frankfurt. He has been a visiting scholar at the Amsterdam Center for International Law at the University of Amsterdam, the Lauterpacht Centre at the University of Cambridge, and the Max-Planck-Institute for Comparative Public and International Law.

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