Patterns of Treaty Interpretation as Anti-Fragmentation Tools

A Comparative Analysis with a Special Focus on the ECtHR, WTO and ICJ

Authors: Popa, Liliana

  • 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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eBook $149.00
price for USA in USD (gross)
  • ISBN 978-3-319-65488-1
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $189.00
price for USA in USD
  • ISBN 978-3-319-65487-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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.

Table of contents (7 chapters)

  • Introduction

    Popa, Liliana E.

    Pages 1-13

  • Does Proliferation of International Judicial Bodies Lead to the Fragmentation of International Law?

    Popa, Liliana E.

    Pages 15-78

  • Treaty Interpretation

    Popa, Liliana E.

    Pages 79-143

  • PCIJ/ICJ Practice on Treaty Interpretation

    Popa, Liliana E.

    Pages 145-216

  • Treaty Interpretation at the European Court of Human Rights

    Popa, Liliana E.

    Pages 217-286

Buy this book

eBook $149.00
price for USA in USD (gross)
  • ISBN 978-3-319-65488-1
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $189.00
price for USA in USD
  • ISBN 978-3-319-65487-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

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
Copyright
2018
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing AG
eBook ISBN
978-3-319-65488-1
DOI
10.1007/978-3-319-65488-1
Hardcover ISBN
978-3-319-65487-4
Edition Number
1
Number of Pages
XXVI, 390
Topics