| Journal Call no. | K8.O53 |
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| Author | Mushkat, Roda. |
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| Article Title | The Joint Declaration and the CFA Agreement. Roda Mushkat. |
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| Is Part Of | Hong Kong law journal ; v.26, pt.3, 1996, p.277-281. |
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| Abstract | This article discusses the Joint Declaration and the Court of Final Appeal (CFA). Under applicable international rules of treaty interpretation, the respective terms in the Joint Declaration must be interpreted 'in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of the treaty's object and purpose.' Thus approached, it is doubtless that the 'ordinary meaning' to be assigned to the relevant article confers on the CFA discretion to decide when a requirement arises to invite judges from other common law jurisdictions, and whom and how many to invite. The impartial adjudicator guided by the relevant international norms should caution against unduly constraining a court upon which rests the preservation of the integrity of Hong Kong's legal system after 1997. |
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