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Between the Lines of the Vienna Convention? Canons and Other Principles of Interpretation in Public International Law

Edited by: Joseph Klingler, Yuri Parkhomenko, Constantinos Salonidis

ISBN13: 9789041184030
Published: February 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £167.00



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A top-flight roster of respected scholars and practitioners of public international law offers an in-depth examination of, among other things:

  • the origins of canons and interpretive principles;
  • their utility and limits in treaty interpretation; and
  • the application of numerous individual canons and interpretive principles, including effet utile, expressio unius, lex specialis, ejusdem generis, in dubio mitius, in pari materia, ex abundante cautela, the principles of contemporaneity and evolutive interpretation and more.
How this will help you:

Extensive analysis of case law and scholarship provides insightful interpretive guidance across virtually every subfield of public international law. With its valuable insights into when the application of particular canons or principles of interpretation is most likely to be appropriate and persuasive, the volume will be of great value to lawyers representing parties (whether states, corporations or individuals) before international dispute resolution bodies, as well as to judges and arbitrators, legal officials at ministries of foreign affairs and scholars of public international law.

Subjects:
Public International Law
Contents:
Editors
Contributors
Foreword
Preface
CHAPTER 1
Canons of Interpretation under the Vienna Convention
Alain Pellet
CHAPTER 2
The Utility and Limits of Canons and Other Interpretive Principles in Public International Law
Sean D. Murphy
CHAPTER 3
The Origins of Interpretive Canons in Domestic Legal Systems
Michael Waibel
CHAPTER 4
Effet Utile
Céline Braumann & August Reinisch
CHAPTER 5
Expressio Unius Est Exclusio Alterius
Joseph Klingler
CHAPTER 6
Ex Abundante Cautela
Alison Macdonald QC
CHAPTER 7
Ejusdem Generis and Noscitur a Sociis
Freya Baetens
CHAPTER 8
Lex Specialis Derogat Legi Generali/Generalia Specialibus Non Derogant
Dirk Pulkowski
CHAPTER 9
Per Argumentum a Fortiori
Alina Miron
CHAPTER 10
In Pari Materia Interpretation in Treaty Law
Paula F. Henin
CHAPTER 11
Contra Proferentem
Pierre d’Argent
CHAPTER 12
In Dubio Mitius
Panos Merkouris
CHAPTER 13
Compliance with Domestic Law: An Implied Condition in Treaties Conferring Rights and Protections on Foreign Nationals and Their Property?
Rumiana Yotova
CHAPTER 14
The Rule of Necessary Implication
Andrew D. Mitchell & Tania Voon
CHAPTER 15
Exceptions to a Rule Must Be Narrowly Construed
Alexia Solomou
CHAPTER 16
The Principles of Contemporaneous and Evolutionary Interpretation
Peter Tzeng
Index