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Title: An exploration of fragmentation in international law vis-à-vis the practice of the ICJ, ECtHR and WTO on treaty interpretation
Author: Popa, Liliana E.
ISNI:       0000 0004 5994 8816
Awarding Body: University of Essex
Current Institution: University of Essex
Date of Award: 2014
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This thesis examines whether the practice of treaty interpretation of two specialised courts: the European Court of Human Rights (ECtHR) and World Trade Organisation (WTO), often perceived as 'self contained' regimes, could lead to fragmentation of international law. In this purpose the ICJ's practice on treaty interpretation will be taken as the comparator, as the ICJ has mostly contributed to the development and clarification of the rules and principles of international law , The two underlying assumptions followed in this study are: first that the general methodology of treaty interpretation formulated by the 1969 Vienna Convention on the Law of the Treaties (VCLT) in Articles 31, 32 and 33 provides a unifying framework for analysing' the problem of fragmentation due to the interpretative activity of specialised courts and tribunals. And second, that it is necessary to investigate the extent to which the international courts or tribunals are using the precedent created by other international courts and tribunals. ,Since the 1969 VCLT is considered to provide the unifying framework for analysing the 'fragmentation' issue, the thesis examines in detail cases interpreting treaties at the ICJ, ECtHR and GATT/ WTO, prior to, and after the VCLT's adoption. This examination aims to discover whether significant divergences in treaty interpretation exist between these courts. The general argument developed in this thesis is that while the specialised international courts (WTO and ECtHR) deviate sometimes from their own previous interpretative practice, and they do so on the basis of the interpretative rules provided by the VCLT, there is evidence that the ,treaty interpretation practice these two specialised bodies develop in similar patterns to those used by the ICJ on the same matter. Thus, seen in the light of the ECtHR and WTO (GATT) practice on treaty interpretation, both the VCLT's general rules of interpretation and the ICJ's interpretative practice could.constitute an anti fragmentation tool.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available