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The Interpretation of Acts and Rules in Public International Law$
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Alexander Orakhelashvili

Print publication date: 2008

Print ISBN-13: 9780199546220

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199546220.001.0001

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Treaty Interpretation: Effectiveness and Presumptions

Treaty Interpretation: Effectiveness and Presumptions

(p.393) 11 Treaty Interpretation: Effectiveness and Presumptions
The Interpretation of Acts and Rules in Public International Law

Alexander Orakhelashvili (Contributor Webpage)

Oxford University Press

This chapter examines the origins and parameters of the principle of effectiveness in the field of treaty interpretation, and applies it to a number of fields. This is relevant for interpreting treaties in general, for avoiding redundancy of treaty clauses, for interpreting exceptions, and construing the powers of international organisations and tribunals on the basis of the doctrines of implied and inherent powers. The chapter demonstrates that the principle of effectiveness is received in international jurisprudence without any substantial objection, and it negates the principle of restrictive interpretation, which is consistently rejected in jurisprudence.

Keywords:   principle of effectiveness, interpretation of exceptions, presumption against redundancy, restrictive interpretation, implied powers of international organisations, inherent powers of international tribunals

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