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t. e. Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved ...
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states. Known as the "treaty on treaties", the VCLT establishes comprehensive, operational guidelines, rules, and procedures for how treaties are drafted, defined, amended, and interpreted. [3]
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
Additionally, its rules of interpretation rely heavily on custom as well as on manifest acts rather than on intent (Art. 8). The CISG does include a so-called Nachlass rule (i.e., legacy rule), but its scope is relatively limited. On the other hand, its good faith obligation may seem relatively limited and in any case obscure (Art. 7).
Promoting ways and means of ensuring a uniform interpretation and application of international conventions and uniform laws in the field of the law of international trade. Collecting and disseminating information on national legislation and modern legal developments, including case law, in the field of the law of international trade.
Consent by all parties to the treaty to a particular interpretation has the legal effect of adding another clause to the treaty – this is commonly called an "authentic interpretation". [25] International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations.
Even if the rule is new, the drafting of the treaty provision may be the impetus for its adoption in the practice of states, and it is the subsequent acceptance of the rule by states that renders it effective as part of customary law. [7] If a broad definition is adopted of state practice, the making of a treaty would fall within the definition.
Arbitrationis a formal method of dispute resolutioninvolving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'.[1] An arbitration award is legally bindingon both sides and enforceablein local courts, unless ...