Two Perspectives on the Rules of Treaty Interpretation: A Review of Richard Gardiner, Treaty Interpretation

6 Pages Posted: 9 Dec 2010 Last revised: 5 Apr 2011

Date Written: December 6, 2010

Abstract

Richard Gardiner’s Treaty Interpretation is a tremendous book, in terms of both substance and size. Yet in important ways the work is narrower than it might appear. Indeed its enormous merit is in large part due to the author’s narrow, disciplined approach – not in spite of it. As Gardiner readily acknowledges, the book is narrow in two critical ways: first, it is more or less limited to analyzing the rules of treaty interpretation enshrined in articles 31-33 of the Vienna Convention on the Law of Treaties (VCLT); and second, while the book is certainly a valuable resource for students and academics, its real focus is practitioners – specifically lawyers advocating before courts and tribunals, domestic or international. For that audience, the book represents a marvelous snap-shot of the rules of, and lacunae or unresolved issues in, treaty interpretation as things stand today. Yet, as I suspect the author would agree, in light of his approach and perspective, the book should not be taken as a conclusive statement of either "what the legal rules of treaty interpretation are" within precise, decided contours, or "how those rules must be applied" to yield a mechanically "correct" result...

Keywords: Treaty Interpretation

Suggested Citation

Arato, Julian, Two Perspectives on the Rules of Treaty Interpretation: A Review of Richard Gardiner, Treaty Interpretation (December 6, 2010). New York University Journal of International Law and Politics (JILP), Vol. 43, No. 2, 2010, Available at SSRN: https://ssrn.com/abstract=1722453

Julian Arato (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
259
Abstract Views
1,667
rank
161,747
PlumX Metrics