Is Treaty Interpretation an Art or a Science? International Law and Rational Decision Making
Författare
Summary, in English
Although treaty interpretation is undoubtedly an activity governed by international law, and by Articles 31-33 of the 1969 Vienna Convention on the Law of Treaties (VCLT) in particular, some commentators continue repeating the pre-Vienna adage that treaty interpretation is a matter of art and not science, the implication of which is that no understanding of a treaty provision can ever be explained rationally. As the present article argues, this idea of interpretation must be rejected. While, sometimes, an assumed meaning of a treaty cannot be justified based on international law simpliciter, many times it can still be explained based on the structural framework of Articles 31-33 of the VCLT. Consequently, any characterization of treaty interpretation in the abstract as either art or science is misplaced. Whether treaty interpretation is an art or a science remains a question of fact inextricably tied to the approach taken by each and every law-applying agent in particular cases.
Avdelning/ar
Publiceringsår
2015
Språk
Engelska
Sidor
169-189
Publikation/Tidskrift/Serie
European Journal of International Law
Volym
26
Issue
1
Dokumenttyp
Artikel i tidskrift
Förlag
Oxford University Press
Ämne
- Law (excluding Law and Society)
Status
Published
Forskningsgrupp
- Public International Law
ISBN/ISSN/Övrigt
- ISSN: 1464-3596