Chapter 3 Key debates

The law of treaties

Topic

Treaty interpretation

Author/Academic

R Gardiner

Viewpoint

Gardiner provides a close analysis of the rules on treaty interpretation as framed by the VCLT and as applied by both international and national courts for 40 years now. It analyses the general history, background, and development of the current rules on treaty interpretation; more importantly, it reads well, is informative, and is rich in useful material.

Source

Treaty Interpretation (Oxford: Oxford University Press, 2008)

Topic

The law of treaties and other categories of international law

Author/Academic

E Cannizzaro (ed)

Viewpoint

The book first explores the influence exerted by the VCLT on pre-existing customary law. Certain rules of the VCLT which, at the time of its adoption, appeared to fall within the realm of progressive development, can now be regarded as customary international rules. Conversely, a number of its provisions, in particular those which have been the subject of subsequent codification work by the ILC, have become obsolete.

Source

The Law of Treaties beyond the Vienna Convention (Oxford: Oxford University Press, 2011)

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