By Ulf Linderfalk
This is often the 1st complete account of the trendy overseas legislations of treaty interpretation expressed in 1969 Vienna conference, Articles 31-33. As acknowledged by way of the nameless referee, it's the such a lot theoretically complex and analytically subtle paintings but complete in this subject. the fashion of writing is obvious and concise, and the organization of the booklet meets the calls for of students and practitioners alike.
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Extra resources for On the Interpretation of Treaties: The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties (Law and Philosophy Library)
All factors that truly stimulate the courts (and other authorities) to establish, consciously or unconsciously, and abide by a particular model for their actions are to be considered as sources of law” (authors translation). In parallel to this, we may notice that authors in the international law literature do not always distinguish in a clear fashion between the act of discovering the meaning of a treaty and the act of justifying a meaning already discovered. An example of this is the often used statement that interpretation is to some extent an art, not an exact science.
In jurisprudence, the concept of method is closely related to that of legal sources. The problem is that the term legal source 14 Chapter 1 is ambiguous. In one sense, legal source can be used to refer to the source from which a legal norm originates; the source from which a norm must derive, in order to be considered legally binding. In another sense, legal source can be used to refer to the source to which one resorts to obtain knowledge about the existence of legally binding norms and their contents.
As a first step, I will resort to the text of the Vienna Convention. As a second step, I will have recourse to the international law literature and the preparatory work of the Vienna Convention – a more recent material will always be considered prior to an older one. Of course, a condition is that regardless of what can be derived from a particular source, support must be found in the text of the Vienna Convention considered in light of the rules of interpretation laid down in international law.