scholarly journals The Cognitive Psychology of Rules of Interpretation in International Law

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 258-262
Author(s):  
Anne van Aaken
Keyword(s):  
Cognitive Psychology ◽  
International Law ◽  
Vienna Convention ◽  
International Treaty ◽  
Treaty Law ◽  
Psychology Perspective ◽  
The Law ◽  
Biases And Heuristics ◽  
The Way

While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases and heuristics affect the way judges and other interpreters use the VCLT rules.

Stages of the formation of treaty law in the history of international law

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova
Keyword(s):  
International Relations ◽  
International Law ◽  
Main Body ◽  
International Treaties ◽  
International Treaty ◽  
Treaty Law ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Historical Periods

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.

FUNDAMENTAL CHANGE OF CIRCUMSTANCES AS THE GROUND FOR THE TERMINATION OR SUSPENSION OF THE OPERATION OF AN INTERNATIONAL TREATY

2017 ◽  
Author(s):  
Mykyta Antonov ◽  
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Highly Qualified ◽  
International Court Of Justice ◽  
International Treaty ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
The Law

In this article the author examines a fundamental change of circumstances as the ground for the termination or suspension of the operation of an international treaty in accordance with Article 62 of the Vienna Convention on the Law of Treaties and Customary International Law. The interpretation of the application of the fundamental change of circumstances is analyzed in accordance with the practice of the International Court of Justice and the teachings of the most highly qualified publicists in international law of various nations.

The Use of International Treaty Law by the Court of Justice of the European Union

2015 ◽  
Vol 17 ◽  
pp. 121-144 ◽  
Author(s):  
Jed ODERMATT
Keyword(s):  
European Union ◽  
International Law ◽  
Vienna Convention ◽  
The European Union ◽  
International Treaty ◽  
Customary International Law ◽  
European Approach ◽  
Court Of Justice ◽  
Treaty Law ◽  
Judicial Reasoning

AbstractThe Court of Justice of the European Union has on numerous occasions employed the provisions of the Vienna Convention on the Law of Treaties, to the extent that they represent principles of customary international law, in its judicial reasoning. At first glance, the Court’s use of the Vienna rules demonstrate fidelity towards international law; it can be seen as contributing to the ‘strict observance and the development of international law’. Upon closer examination, however, one finds that the Court applies these rules in a fashion that often deviates from the way in which other courts and bodies have applied the same principles. This article examines how the Court has used international treaty law, arguing that the Court often employs a novel, ‘European’ approach to certain principles. While the Court is free to apply treaty law in a manner it believes to be appropriate, the extent of this divergence risks undermining the integrity and uniform application of the Vienna rules.

Individual Human Rights v. State Sovereignty: The Case of Peru's Withdrawal from the Contentious Jurisdiction of the Inter-American Court of Human Rights

2000 ◽  
Vol 13 (4) ◽  
pp. 985-996 ◽  
Author(s):  
Monica Feria Tinta
Keyword(s):  
Human Rights ◽  
International Law ◽  
State Sovereignty ◽  
Vienna Convention ◽  
Human Rights Law ◽  
General Rules ◽  
Treaty Law ◽  
The Law ◽  
Freedom Of Action ◽  
Individual Human

Human rights law is often regarded as a discipline with aspirations of being an autonomous, self-contained regime within the general corpus of international law. Recent debates concerning reservations in the area of treaty law have reinforced views which claim the governing prinicples of human rights law depart – if not contradict – general rules of international law. By examining a landmark decision of the Inter-American Court of Human Rights which declared the recent purported Peruvian withdrawal from its compulsory jurisdiction invalid, against the background of general international law, the author aims to demonstrate that far from deviating from the general rules of the Vienna Convention of the Law of Treaties, this decision supports the view that human rights law is neither insulated from general international law nor divorced from the principle of sovereignty. For the principle of sovereignty has a twofold character: it is the fundament but also the limit of freedom of action by a state.

The Travaux Préparatoires of the Vienna Convention on the Law of Treaties

1971 ◽  
Vol 65 (5) ◽  
pp. 705-712 ◽  
Author(s):  
Herbert W. Briggs
Keyword(s):  
International Law ◽  
Fundamental Importance ◽  
Vienna Convention ◽  
Rules And Principles ◽  
International Tribunals ◽  
The Law ◽  
International Law Commission ◽  
Law Commission ◽  
General Acceptability ◽  
The Way

The fundamental importance of the codification of the law of treaties by the International Law Commission and the Vienna Conference will gain increasing recognition as the rules and principles embodied in the 1969 Vienna Convention on the Law of Treaties are applied in the practice of states and the jurisprudence of international tribunals. Inevitably the records of this great codification will be searched and researched, by scholars as well as by legal advisers, and for a variety of reasons: What is the function of a particular rule? What r61e was it designed to play in the relations of states and in the international legal community? What does it require in the way of performance or abstention? Is it a residual rule, binding upon states if no other solution is agreed on? Why was the rule given the particular formulation found in the Vienna Convention,and what alternative formulations were rejected? Since the entry into force of the Vienna Convention will be delayed until after thirty-five states have ratified or acceded to it (Article 84), what assessment of the general acceptability of a particular provision can be gained from a study of the drafting record or from the number of affirmative or negative votes or abstentions?

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Legal Status ◽  
Case Analysis ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Unilateral Termination ◽  
The Subject ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

3. The law of treaties

2021 ◽  
pp. 39-56
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Legal Concept ◽  
Bilateral Agreement ◽  
Concrete Application ◽  
The Law

This chapter examines the principles and rules of the international law of treaties as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT). It discusses the treaty as a legal concept and provides an overview of the regulation of who can conclude treaties, how consent to be bound by a treaty is expressed, the rules on entry into force, treaty reservations, the interpretation of treaties, amendments and modifications, the invalidity of treaties and the termination of and withdrawal from treaties. The VCLT is meant to be applied to all types of written treaties and it therefore governs treaties as diverse as a bilateral agreement to construct infrastructure as well as a multilateral document such as the UN Charter. In practice, however, the concrete application of the Convention may differ depending on the type of treaties.

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