
Contents
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I. Introduction I. Introduction
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II. The Importance of the Vienna Convention’s Rules of Treaty Interpretation II. The Importance of the Vienna Convention’s Rules of Treaty Interpretation
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III. Judge Brower’s Understanding of the Vienna Convention III. Judge Brower’s Understanding of the Vienna Convention
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IV. Judge Brower’s Application of the General Rule of Treaty Interpretation IV. Judge Brower’s Application of the General Rule of Treaty Interpretation
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A. The Ordinary Meaning to Be Given to the Terms of the Treaty A. The Ordinary Meaning to Be Given to the Terms of the Treaty
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B. The Terms of the Treaty in Their Context B. The Terms of the Treaty in Their Context
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C. A Treaty Shall Be Interpreted in Good Faith C. A Treaty Shall Be Interpreted in Good Faith
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V. Judge Brower’s Consideration of Supplementary Means of Interpretation V. Judge Brower’s Consideration of Supplementary Means of Interpretation
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VI. Interpretation of Treaties Authenticated in Two or More Languages VI. Interpretation of Treaties Authenticated in Two or More Languages
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VII. Conclusion VII. Conclusion
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27 Judge Brower and the Vienna Convention Rules of Treaty Interpretation
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Published:November 2015
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Abstract
This chapter examines Judge Brower’s application of the rules of treaty interpretation set forth in the Vienna Convention on the Law of Treaties (VCLT). The analysis focuses on his separate or dissenting opinions in Austrian Airlines v The Slovak Republic, Daimler Financial Services AG v The Argentine Republic, and Renta 4 et al v The Russian Federation. The background of the VCLT’s critical importance for treaty interpretation and thus for international arbitration is examined, followed by a brief overview of Judge Brower’s adjudicative philosophy regarding the VCLT. Examples are provided of how Judge Brower has applied the general rule of treaty interpretation contained in VCLT Article 31, and also Article 32 regarding supplementary means of interpretation. An example is also given regarding how he has applied Article 33 on treaties authenticated in different languages. The final section concludes.
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