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Treaty Interpretation Under the Vienna Convention on the Law of Treaties

A New Round of Codification

  • Chang-fa Lo

Table of contents

  1. Front Matter
    Pages i-xix
  2. The Setting

  3. Existing Issues to Be Subject to Codified Rules

  4. New Issues and Perspectives

  5. Back Matter
    Pages 359-361

About this book

Introduction

This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (such as the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.

Keywords

Treaty interpretation VCLT (Vienna Convention on the Law of Treaties) Ordinary meaning Textual interpretation Contextual interpretation Object-and-purpose Constitutional interpretation Statutory interpretation Contractual interpretation Codification Contemporaneous interpretation Evolutive interpretation Teleological interpretation Fragmentation of international treaties Human rights

Authors and affiliations

  • Chang-fa Lo
    • 1
  1. 1.Judicial YuanConstitutional CourtTaipeiTaiwan

Bibliographic information

  • DOI https://doi.org/10.1007/978-981-10-6866-9
  • Copyright Information Springer Nature Singapore Pte Ltd. 2017
  • Publisher Name Springer, Singapore
  • eBook Packages Law and Criminology
  • Print ISBN 978-981-10-6865-2
  • Online ISBN 978-981-10-6866-9
  • Buy this book on publisher's site
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