Treaty Interpretation

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Richard Gardiner (Visiting Professor, Visiting Professor, University College London)

Treaty Interpretation

Richard Gardiner (Visiting Professor, Visiting Professor, University College London)

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English

Oxford University Press
09 April 2015

Treaties & other sources of international law; Jurisdiction & immunities

Series: Oxford International Law Library

The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems.

Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application.

This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law.

Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation.

This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

By: Richard Gardiner (Visiting Professor Visiting Professor University College London)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 240mm, Width: 162mm, Spine: 37mm
Weight: 1g
ISBN: 9780199669233
ISBN 10: 0199669236
Series: Oxford International Law Library
Pages: 576
Publication Date: 09 April 2015
Audience: College/higher education , Professional and scholarly , Further / Higher Education , Undergraduate
Format: Hardback
Publisher's Status: Active

Richard Gardiner was an assistant legal adviser at the Foreign and Commonwealth Office for some twelve years. For the next twenty years he was lecturer, then senior lecturer, and latterly visiting professor, at University College London. He also practiced as a barrister. He is the author of a book on international law and has written many articles on international law topics and in other areas of law.

Reviews for Treaty Interpretation

`An impressive work of scholarship regarded as a classic in this field, the book builds its close and minute analysis with the support of references to real-life examples as part of its practical approach. A valuable resource for researchers, academics and diplomats as well as international lawyers. It will certainly be regarded as indispensable for anyone professionally involved in the law of treaty interpretation.' Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers `Review from previous edition Gardiner has structured his material in a lucid and intelligble manner...the book reads well, is informative and rich in useful material, and manages to tackle an issue that, at least to this reviewer, seems tremendously difficult, if not terrifying: that of intelligibly interpreting the rules on treaty interpretation. It should be of good use to advanced students and practitioners alike.' Antonios Tzanakopoulos, German Yearbook of International Law 2010. `Review from previous edition 'Treaty interpretation is analysed in the wider context of the law of treaties, of which Gardiner has unparalleled knowledge. It is very rarely that the whole subject of treaty interpretation is dealt with in such detail in one study, and the achievement of the author is therefore even more significant...The book will undoubtedly become a classic study on the interpretation of treaties - of great use to both practitioners and academics.'' Malgosia Fitzmaurice, European Journal of International Law 2009