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Trade and Competition Law in the EU and Beyond

Trade and Competition Law in the EU and Beyond

Edited by Inge Govaere, Reinhard Quick and Marco Bronckers

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.

Chapter 10: Modern Approaches to Treaty Interpretation

John H. Jackson

Subjects: law - academic, competition and antitrust law, european law, international economic law, trade law


John H. Jackson 10.1 INTRODUCTION: ADDING TO THE LIST OF USEFUL TREATY INTERPRETATION CONCEPTS It is a distinct privilege and honour to participate in this well-deserved Festschrift honoring Jacques Bourgeois. We have a long history together, and many times have discussed important directions of international law. Jacques has always maintained true scholarly rigour in such discussions, and he has had a remarkable and varied career contributing to the theory and institutions of international law. I remain always an admirer of him for that and many other reasons. Those thoughts lead me in this brief chapter to focus on a critical and often troublesome aspect of international law, namely treaty interpretation. This is a huge subject, and cannot be extensively explored in the context of this work, but by examining a few particular and currently critical subjects of treaty interpretation, perhaps I can contribute to further exploration of the broader landscape of the general subject that I hope will stimulate Jacques to continue his many discourses and searches for clarity and truth that I have been privileged to share. Some of the concepts that underpin my thoughts expressed below have been partly explored in my 2006 book published by Cambridge University Press.1 In addition, many works of other important scholars and professionals relevant to international law have influenced me and 1 Jackson, J.H., Sovereignty, the WTO and Changing Fundamentals of International Law, Cambridge, Cambridge University Press, 2006 (paperback edition published 2009). 187 Columns Design XML Ltd / Job: Trade_and...

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