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On The Interpretation Of Treaties In International Law System Integration

Posted on:2010-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiangFull Text:PDF
GTID:2206360275999690Subject:International law
Abstract/Summary:PDF Full Text Request
The fragmentation of international law has long been a big concern of the international law academic community. According to the study of International Law Commission from 2000 to now, it can be found that the fragmentation of international law is quite a complex and huge study object. So the Commission has chosen a relatively narrow angle of treaty law to do this research, which provides a"tool box"for solving problems brought up by the fragmentation of international law. This dissertation aims to analyze the article 31 (3) (c) of the Vienna Convention on the Law of Treaties which is one of the study objects of the Commission study group. This article is part of the rules of the treaty interpretation, which reflects a relationship between a law and its wide"concurrence"and expresses a"principle of systematic integration". Based on the Report of the Study Group of the International Law Commission at the fifty-eighth session, the theoretical part of this dissertation makes a thorough study on three special questions involved. They include the rules to be"taken into account", the weight of the obligations to be taken into account and inter-temporality and general developments in international law. Besides cases have been analyzed, in which the article 31 (3) (c) of the Vienna Convention is applied. In this part of case study, the application stituation in every case is elaborated, some theoretical questions have been put forward and the angle of analyses has been somewhat innovated. The sum-up part shows the idea of systematic integration embodied in the application of the article 31 (3) (c) in a macroscopical way. And the influence of the application of the article 31 (3) (c) on the integration of the international law stystem has also been studied.
Keywords/Search Tags:the fragmentation of international, law concurrence, systematic integration
PDF Full Text Request
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