First, my thanks for Malgosia, Isabelle and Jan for all their comments. The work of the ECtHR has an interesting aspect in the present context. One of the first to take up the Vienna rules systematically, the Court (as Malgosia shows) has apparently not found them to constrict its development of a distinctive line of case law appropriate to the Convention...
I would agree with Richard (and Isabelle) that not too much should be expected from any rules on interpretation. Interpretation is, so to speak, not entirely a rule-governed activity, in much the same way as playing the violin or the piano is not entirely rule-governed. Or building do-it-yourself bookshelves by following the manual, for that matter. I might be particularly...
In the introduction to our discussion, Richard also raised the question of: ‘Should preparatory work be investigated only to identify agreement among the negotiators or, particularly in the case of treaty provisions with a codifying aspect, to assess the state of international law leading up to the treaty and how this affected the negotiators?’ With respect to the first aspect of...
The initial post introducing our discussion of Treaty Interpretation raises various issues of interest to the study and practice of treaty interpretation. In this first reply, I focus on the first question relating to the tragedy of ‘insistent emphasis upon an impossible, conformity-imposing textuality’. My responses are informed by my study of treaty interpretation by the WTO Appellate Body. I believe...
I found comments of Richard Gardiner on the New Haven School very useful and indeed I ask myself frequently a question as to its continuing salience. I have recently researched the issue of dynamic interpretation of treaties in particular in relation to the practice of the European Court of Human Rights. The Tyrer and the Golder cases are generally treated as the leading cases illustrating the dynamic...
I am most grateful for this opportunity to thank Opinio Juris for hosting discussion of Treaty Interpretation and, in particular, Duncan Hollis for setting up the event. The rules of treaty interpretation codified in the 1969 Vienna Convention on the Law of Treaties, Articles 31-33, have now been around for 40 years, but only in the last 15 has their use become quite widespread....
As I mentioned last week, we're pleased to host Richard Gardiner (University College London) for the next three days for a discussion of his book, Treaty Interpretation. In addition to comments by our regular contributors, we've invited several distinguished treaty experts to respond to his work, including Isabelle van Damme (Clare College, Cambridge), Malgosia Fitzmaurice (University of London, Queen Mary), and Jan Klabbers...
An interesting piece from Wired Science on a new article concerning the evolution of cooperation among self-interested individuals. The article focuses on the Prisoner's Dilemma, that old chestnut of game theory, described in this way in the Stanford Encyclopedia of Philosophy: Tanya and Cinque have been arrested for robbing the Hibernia Savings Bank and placed in separate isolation cells. Both care...
Michael Glennon doesn't pull any punches in the latest AJIL (also available on SSRN here) in going after the report of the Miller Center's National War Powers Commission. The report advances an "illusory solution to a nonproblem", with "baffling" and "flatly unconstitutional" proposals for reform. The piece is particularly scornful of the panel's call to formalize a presidential free pass...
On Friday, March 6, 2009, the University of California, Davis, School of Law will host its annual Law Review Symposium. This year's symposium will focus on the Honorable John Paul Stevens, a subject which should be of great interest to many readers of this blog. Speakers include IntLawGrrls' Diane Amann (a former Stevens clerk) speaking on the Equality panel and our our...
I've been critical of the Obama Administration's deceptive approach to war-on-terrorism legal issues (trash your predecessor, but endorse some of his key policies). But I don't have any real criticism of its latest decision to avoid the legal fight over the power to detain enemy combatants in the U.S. The Justice Department, in an abrupt change in policy from the Bush...
Yesterday, the U.S. State Department released the 2008 Country Reports on Human Rights Practices -- colloquially referred to as the Annual Human Rights Report. As a matter of law, it is a report by the State Department to the United States Congress. The mandate grew from a requirement of congressional review of foreign assistance to a more comprehensive summary of...
