Overview
- Provides in-depth analyses of case law not published elsewhere
- Identifies common patterns of treaty interpretation at international courts which provide a new perspective on the scholarly debate on fragmentation
- A bold scholarly approach to a debate which has produced a burgeoning literature
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Table of contents (7 chapters)
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Front Matter
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Back Matter
Keywords
About this book
This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
Authors and Affiliations
Bibliographic Information
Book Title: Patterns of Treaty Interpretation as Anti-Fragmentation Tools
Book Subtitle: A Comparative Analysis with a Special Focus on the ECtHR, WTO and ICJ
Authors: Liliana E. Popa
DOI: https://doi.org/10.1007/978-3-319-65488-1
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG 2018
Hardcover ISBN: 978-3-319-65487-4Published: 17 January 2018
Softcover ISBN: 978-3-030-09741-7Published: 04 January 2019
eBook ISBN: 978-3-319-65488-1Published: 29 December 2017
Edition Number: 1
Number of Pages: XXVI, 390
Topics: Sources and Subjects of International Law, International Organizations, Theories of Law, Philosophy of Law, Legal History, Private International Law, International & Foreign Law, Comparative Law , International Economic Law, Trade Law, Human Rights