Treaty Interpretation Under the Vienna Convention on the Law of Treaties
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
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Treaty Interpretation Under the Vienna Convention on the Law of Treaties A New Round of Codification
Treaty Interpretation Under the Vienna Convention on the Law of Treaties
Chang-fa Lo
Treaty Interpretation Under the Vienna Convention on the Law of Treaties A New Round of Codification
123
Chang-fa Lo Judicial Yuan Constitutional Court Taipei Taiwan
ISBN 978-981-10-6865-2 ISBN 978-981-10-6866-9 https://doi.org/10.1007/978-981-10-6866-9
(eBook)
Library of Congress Control Number: 2017955658 © Springer Nature Singapore Pte Ltd. 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore
Preface
Treaty interpretation is a very important component in the operation of all treaties. It is governed by a set of rules provided in Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT). These rules were actually codified from the customary rules of treaty interpretation. But the current codified rules are relatively short and much simplified. International players and interpreters would not be able to apply them simply based on the wordings if they are not familiar with international practices and jurisprudence. However, the understanding and skill of treaty interpretation should not be the know-how exclusively possessed by those who are extremely familiar with international practices and jurisprudence. There should be a relatively detailed set of interpretation provisions, which are precise enough so that parties to any treaty and all potential interpreters should be able to understand the exact rules and apply them, but also flexible enough so that interpreters are still able to make their overall assessments in th
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