Treaty Interpretation Under the Vienna Convention on the Law of Treaties

A New Round of Codification

Authors: Lo, Chang-fa

  • Explains the insufficiencies of the current VCLT rules of treaty interpretation in addressing some traditional treaty interpretation issues and the challenges encountered by the current rules
  • Provides a comprehensive review of the codification of the VCLT concerning customary rules of treaty interpretation and explains the desirability of a second round of treaty interpretation
  • Proposes certain treaty interpretation rules to be codified to address the fragmentation of treaties, the coordination between different treaties, and the need of introducing external values, including human rights, into a treaty through treaty interpretation to make treaty interpretation more consistent and more in line with the shared value of international community
see more benefits

Buy this book

eBook $129.00
price for USA (gross)
  • ISBN 978-981-10-6866-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.00
price for USA
  • ISBN 978-981-10-6865-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.

About the authors

Chang-fa Lo has been Justice of the Constitutional Court of the ROC (Taiwan) since October 2011. Prior to his current judicial position, he was the Chair Professor and Lifetime Distinguished Professor at National Taiwan University (NTU); Dean of NTU College of Law; Director of Asian Center for WTO and International Health Law and Policy of NTU College of Law (ACWH); Director of Center for Ethics, Law and Society in Biomedicine and Technology of NTU; Commissioner of Taiwan’s Fair Trade Commission; Commissioner of Taiwan’s International Trade Commission; and legal advisor for Taiwan’s GATT/WTO accession negotiations. In his capacity as the Director of ACWH, Professor Lo launched two English journals, namely, the Asian Journal of WTO and International Health Law and Policy and the Contemporary Asia Arbitration Journal (CAA) in 2006 and 2008, respectively. In his tenure as Dean of NTU College of Law, he also launched an English journal, the NTU Law Review. Prior to his teaching career, he practiced law in Taipei. He received his SJD degree from Harvard University Law School in 1989. He was appointed by the WTO as a panelist for DS332      Brazil—Measures Affecting Imports of Retreaded Tyre in 2006, DS468 Ukraine—Definitive Safeguard Measures on Certain Passenger Cars in 2014, and as a member of the Permanent Group of Experts under the SCM Agreement of WTO in 2008. He is also the chairman of the Asia WTO Research Network (AWRN) since 2013. He is the author of 13 books (including the current one) and the editor of 6 books, and has authored about 100 journal papers and book chapters.

 

Table of contents (20 chapters)

  • Revisiting the Essence of Treaty Interpretation

    Lo, Chang-fa

    Pages 3-15

  • Treaty Interpretation as Opposed to Statutory, Constitutional and Contractual Interpretations

    Lo, Chang-fa

    Pages 17-29

  • Meaning of Codification and VCLT as the First Round of Codification of Customary Rules of Treaty Interpretation

    Lo, Chang-fa

    Pages 31-48

  • Desirability and Some Principles for a New Round of Codification

    Lo, Chang-fa

    Pages 49-59

  • Boundary of Treaty Interpretation and the Possible Codification

    Lo, Chang-fa

    Pages 63-80

Buy this book

eBook $129.00
price for USA (gross)
  • ISBN 978-981-10-6866-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.00
price for USA
  • ISBN 978-981-10-6865-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Loading...

Recommended for you

Loading...

Bibliographic Information

Bibliographic Information
Book Title
Treaty Interpretation Under the Vienna Convention on the Law of Treaties
Book Subtitle
A New Round of Codification
Authors
Copyright
2017
Publisher
Springer Singapore
Copyright Holder
Springer Nature Singapore Pte Ltd.
eBook ISBN
978-981-10-6866-9
DOI
10.1007/978-981-10-6866-9
Hardcover ISBN
978-981-10-6865-2
Edition Number
1
Number of Pages
XIX, 361
Topics