Static and Evolutive Treaty Interpretation: A Functional Reconstruction
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| Anteprima |
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.
