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- 1969 Vienna Convention on the Law of Treaties (2)
- Interpretation (2)
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- According to the provisions laid down in Article 19 of the 1969 Vienna Convention on the Law of Treaties a state that consents to be bound by a treaty may not formulate such reservations to the agreement, which are incompatible with its object and purpose. This socalled 'object and purpose criterion' has long been puzzling actors of public international law. What does it mean for a reservation to be incompatible with 'the object and purpose' of a treaty? The answer suggested below is the following: a state may not formulate a reservation, if it means (i) that an application of the treaty as modified would run counter to a telos of the treaty; or (ii) that a remaining part of the treaty would be emptied of practical meaning. (1)
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- Applicability of law ratione temporis (1)
- Clear meaning doctrine (1)
- Defeasible law (1)
- Dynamic Interpretation (1)
- Erga Omnes obligations (1)
- Fragmentation of international law (1)
- Hierarchy (1)
- Hierarchy in international law (1)
- Indefeasible law (1)
- Inter-temporal law (1)
- International law (1)
- Interpretation of treaties (1)
- Intertemporal law (1)
- Island of Palmas Arbitration (1)
- Jus Cogens (1)
- Law and time (1)
- Ordinary international law (1)
- Peremptory international law (1)
- Principle of systemic integration (1)
- Relative normality (1)
- Rules of interpretation (1)
- Second branch of intertemporal law (1)
- Static interpretation (1)
- The preparatory work of a treaty (travaux préparatoires) (1)
- Treaties (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
What Is So Special About Jus Cogens: On The Distinction Between The Ordinary And The Peremptory International Law, Ulf Linderfalk
What Is So Special About Jus Cogens: On The Distinction Between The Ordinary And The Peremptory International Law, Ulf Linderfalk
Ulf Linderfalk
What, exactly, is it about Jus Cogens that distinguishes it from ordinary international law? In answering this question, international lawyers usually resort to the “the Legal-Consequences-as-Criterion Theory“: while ordinary international law can be rebutted or modified in accordance with the duly expressed will of states, Jus Cogens norms permit no derogation and allow modification only by the creation of a new norm having the same character. In the present essay, this theory is subjected to analysis and assessment. Section 2 inquires into the relationship between the Legal-Consequences-as-Criterion Theory and the general definition of Jus Cogens reflected in Article 53 of …
International Legal Hierarchy Revisited: The Status Of Obligations Erga Omnes, Ulf Linderfalk
International Legal Hierarchy Revisited: The Status Of Obligations Erga Omnes, Ulf Linderfalk
Ulf Linderfalk
Increasingly, international legal arguments exploit the peculiar nature of obligations erga omnes. This practice raises questions about the precise legal status of norms expressing such obligations relative to other norms of international law. According to an oft-made suggestion, whether a norm is part of the international jus cogens or not, when it expresses obligations erga omnes it is hierarchically superior to all other norms of non-peremptory international law. This essay inquires into the justification of this theory - throughout the essay referred to as “the Theory on the Superior Status of Erga Omnes Obligations”. As shown in section 2, irrespective …
The Application Of International Legal Norms Over Time: The Second Branch Of Intertemporal Law, Ulf Linderfalk
The Application Of International Legal Norms Over Time: The Second Branch Of Intertemporal Law, Ulf Linderfalk
Ulf Linderfalk
Intertemporal law governs the applicability of international legal norms ratione temporis. According to often used terminology, intertemporal law has two different branches. This article provides clarification of the so-called ‘second branch of intertemporal law’. It does so by refuting two commonly held assumptions. First, as established in section 2 of the article, the second branch of intertemporal law is not an exception to the first branch of that law. It cannot be, since both branches of intertemporal law centre on the same legal principle: an action or a factual state of affairs must be assessed in the light of the …
The Creation Of Jus Cogens: Making Sense Of Article 53 Of The Vienna Convention, Ulf Linderfalk
The Creation Of Jus Cogens: Making Sense Of Article 53 Of The Vienna Convention, Ulf Linderfalk
Ulf Linderfalk
This essay provides an analysis of the creation of jus cogens. The analysis makes intelligible the definition of jus cogens provided in Art. 53 of the 1969 Vienna Convention on the Law of Treaties. It has been said repeatedly about this definition that it is circular. If a jus cogens status is conferred on a rule of law because the international community of states accepts and recognizes this rule as non-derogable and modifiable only by the creation of a new norm of jus cogens, then the definition assumes what remains to be established: the creation of jus cogens. As shown …
Jus Cogens, Ulf Linderfalk
Folkrätt – Frågor Och Tillämpningar, Ulf Linderfalk
Folkrätt – Frågor Och Tillämpningar, Ulf Linderfalk
Ulf Linderfalk
No abstract provided.
Normative Conflict And The Fuzziness Of The International Ius Cogens Regime, Ulf Linderfalk
Normative Conflict And The Fuzziness Of The International Ius Cogens Regime, Ulf Linderfalk
Ulf Linderfalk
No abstract provided.
Examensarbetets När, Hur Och Varför? Om Skrivandet Av En Tjugopoängsuppsats I Folkrätt På Juris Kandidatprogrammets Sista Termin, Ulf Linderfalk
Examensarbetets När, Hur Och Varför? Om Skrivandet Av En Tjugopoängsuppsats I Folkrätt På Juris Kandidatprogrammets Sista Termin, Ulf Linderfalk
Ulf Linderfalk
No abstract provided.
Who Are ‘The Parties’? Article 31 § 3(C) Of The 1969 Vienna Convention, And The ‘Principle Of Systemic Integration’ Revisited, Ulf Linderfalk
Who Are ‘The Parties’? Article 31 § 3(C) Of The 1969 Vienna Convention, And The ‘Principle Of Systemic Integration’ Revisited, Ulf Linderfalk
Ulf Linderfalk
Over the last couple of years, international lawyers have hotly debated the correct way to apply Article 31, paragraph 3(c) of the 1969 Vienna Convention on the Law of Treaties. Discussions have focused on the meaning of ‘the parties’. Traditionally this expression has always been interpreted in the stricter sense of all parties to the interpreted treaty. Voices are now raised suggesting a broader interpretation. According to this view, the correct meaning of ‘the parties’ is the two or more parties to a specific dispute. Given that the two interpretations of Article 31, paragraph 3(c) will often be mutually exclusive, …
Doing The Right Thing For The Right Reason: Why Dynamic Or Static Approaches Should Be Taken In The Interpretation Of Treaties, Ulf Linderfalk
Doing The Right Thing For The Right Reason: Why Dynamic Or Static Approaches Should Be Taken In The Interpretation Of Treaties, Ulf Linderfalk
Ulf Linderfalk
In the interpretation of treaties, according to Article 31 of the 1969 Vienna Convention, interpreters shall pay primary regard to conventional language and to "relevant rules of international law applicable in the relations between the parties". Applying this provision, it is obvious that interpreters will sometimes face questions of an inter-temporal nature. What law or what language should be brought to bear on the interpretation process, exactly? The one that existed when the interpreted treaty was concluded? Or the one that exists at the time of interpretation? Over the last 30 years, international law doctrine has increasingly come to favour …
Is The Hierarchical Structure Of Articles 31 And 32 Of The Vienna Convention Real Or Not? Interpreting The Rules Of Interpretation, Ulf Linderfalk
Is The Hierarchical Structure Of Articles 31 And 32 Of The Vienna Convention Real Or Not? Interpreting The Rules Of Interpretation, Ulf Linderfalk
Ulf Linderfalk
In the practice of modern international law, if a certain understanding is advanced as the correct interpretation of a treaty provision, the proposition is assessed using the rules of interpretation laid down in the 1969 Vienna Convention on the Law of Treaties, Articles 31–33. This article is concerned with the relationship held in such an interpretation process between the preparatory work of a treaty – described as a supplementary means of interpretation in Article 32 – and the three primary means of interpretation that can be used by an interpreter citing Article 31. Judged by the wordings of Articles 31 …
The Effect Of Jus Cogens Norms: Whoever Opened The Pandora’S Box, Did You Think About The Consequences?, Ulf Linderfalk
The Effect Of Jus Cogens Norms: Whoever Opened The Pandora’S Box, Did You Think About The Consequences?, Ulf Linderfalk
Ulf Linderfalk
This article forms a contribution to the ongoing scholarly debate on the possible effect of jus cogens norms. For the purpose of the article, it is assumed that peremptory norms certainly exist in positive international law. According to the argument, even if we limit the effects of jus cogens norms to those described in the 1969 Vienna Convention, the jus cogens concept takes us farther than most commentators seem to realize. This is due partly to the power potential invested in the jus cogens concept, partly to the intricate structure typical of legal norms. In fact, as argued in this …
Folkrätten I Ett Nötskal, Ulf Linderfalk
Reservations To Treaties And Norms Of Jus Cogens – A Comment On Human Rights General Comment No. 24, Ulf Linderfalk
Reservations To Treaties And Norms Of Jus Cogens – A Comment On Human Rights General Comment No. 24, Ulf Linderfalk
Ulf Linderfalk
No abstract provided.
On The Meaning Of The ’Object And Purpose’ Criterion, In The Context Of The Vienna Convention On The Law Of Treaties, Article 19, Ulf Linderfalk
On The Meaning Of The ’Object And Purpose’ Criterion, In The Context Of The Vienna Convention On The Law Of Treaties, Article 19, Ulf Linderfalk
Ulf Linderfalk
No abstract provided.
Om Tolkningen Av Traktater, Ulf Linderfalk
Om Tolkningen Av Traktater, Ulf Linderfalk
Ulf Linderfalk
In the relations between states interpretation of treaties is an everyday issue. When an agent of state confers a meaning on a treaty text, the ensuing interpretation is talked of as being legally either correct or incorrect. This is a distinction made possible thanks to the existence of certain norms. These are the norms which find expression in the 1969 Vienna Convention on the Law of Treaties, articles 31-33. Articles 31-33 not only put into words the legal relations created by the Convention between those states, in regard to those treaties, for which the Convention formally is to be applied. …
Om Sammanjämkning Som Metod Vid Tolkningen Av Flerspråkiga Traktater: Några Ord Rörande 1969 Års Wienkonvetion Om Traktaträtten, Artikel 33 § 4, Ulf Linderfalk
Om Sammanjämkning Som Metod Vid Tolkningen Av Flerspråkiga Traktater: Några Ord Rörande 1969 Års Wienkonvetion Om Traktaträtten, Artikel 33 § 4, Ulf Linderfalk
Ulf Linderfalk
No abstract provided.
Människorätt Och Metodik, Ulf Linderfalk