Om tolkningen av traktater
Författare
Summary, in English
To explain fully what distinguishes an interpretation which is legally correct from one which is not, it is then necessary that we come to grips with the content of Vienna Convention articles 31-33. In legal literature the substance of these articles has often been described by reference to the means of interpretation therein authorized, and little more than that. As I see it more detail is required. On closer inspection it is obvious that the content of Vienna Convention articles 31-33 need to be described in more coherent ways. What the articles express is a system of rules, whereby agents are not only given notice of the different means that law can be said to approve for the purpose of interpretation, but are also instructed how the means are to be used - separately as well as jointly - so that a conclusion can be reached on the meaning of a treaty text.
The purpose of my dissertation is twofold. Firstly, in chapter 2, by importing knowledge from linguistics, and pragmatics in particular, I start out by describing in general terms what in this context is meant by a rule of interpretation. A model is put forward giving a representation of the concept as such. Secondly, in chapters 3 through 11, drawing on the model established, I proceed by defining and articulating the content of public international law. In conclusion - making quick references possible - I present a list of 44 rules, all of which can be made valid either on the basis of the Vienna articles on interpretation directly, or by reference to the customary rules that the Vienna articles are supposed to reproduce.
Avdelning/ar
Publiceringsår
2001
Språk
Svenska
Dokumenttyp
Doktorsavhandling
Förlag
Lunds universitet, Juridiska fakulteten
Ämne
- Law
Nyckelord
- interpretation
- treaties
- treaty interpretation
- international law
- Vienna Convention on the Law of Treaties
- rules of interpretation
- European law
- EU-rätt
Status
Published
Forskningsgrupp
- Public International Law
Handledare
- [unknown] [unknown]
ISBN/ISSN/Övrigt
- ISBN: 91-7874-149-1
- ISRN: LUJUDV/JUFO--01/01
Försvarsdatum
21 oktober 2001
Försvarstid
10:15
Försvarsplats
20 October 2001, 10.15 a.m., Carolinasalen, Kungshuset, Lundagård, Lund
Opponent
- Lauri Hannikainen (Prof)