Author Description
In the first decade of the present millennium, an apparently innocuous and then little used provision in the Vienna Convention on the Law of Treaties caught wide attention when it proved case dispositive in the decision of the International Court of Justice (ICJ) in Oil Platforms. Article 31(3)(c), which appears at the conclusion of the Convention's general rule of interpretation, requires that '[t]here shall be taken into account...any relevant rules of international law applicable in the relations between the parties.' In the hands of the International Law Commission (ILC) Study Group on fragmentation, reporting three years later in 2006, this provision was found to give effect to a more general principle: the principle of systemic integration. The idea was a beguilingly simple one.
Menrva's Summary
THE THESIS
This work investigates the legal significance and application of Article 31(3)(c) of the Vienna Convention on the Law of Treaties as a mechanism for systemic integration in international law. Campbell McLachlan KC examines how this specific provision, once considered obscure, functions as a bridge between disparate international legal regimes. By analyzing the International Law Commission's findings on fragmentation, the author argues that systemic integration serves as a vital interpretive tool for maintaining coherence within the international legal order.
THE SCOPE MAP
What You Will Find
- Analysis of Article 31(3)(c) of the Vienna Convention on the Law of Treaties
- Examination of the International Court of Justice decision in the Oil Platforms case
- Review of the International Law Commission Study Group report on fragmentation
Scope Limits
- The text focuses primarily on treaty interpretation rather than customary international law development
- It does not provide a comprehensive history of all international law fragmentation issues
THE AUTHORITY PERSPECTIVE
Legal scholars and practitioners identify this text as a definitive analysis of the principle of systemic integration within the context of treaty interpretation. Experts frequently cite the work for its clarity in addressing the complexities of international legal fragmentation.
Page Count:
0
Publication Date:
2024-01-01
Publisher:
New York : Oxford university press,
ISBN-10:
0191914711
ISBN-13:
9780191914713
International relations
International Law
Treaty Law
Jurisprudence
Legal Theory
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