Empirical Study Of Treaty Interpretation Rules

The treaty interpretation rules,which codified the customary international law about treaty interpretation rules,were founded by Vienna Convention on the Law of Treaties(1969)(VCLT).Since China joined the VCLT,our scholars paid less attention on the treaty interpretation rules of VCLT.The scholars usually apply case study method to study the treaty interpretation rules,which means we lack integral and basic understanding of the treaty interpretation rules.As the world becomes more globalized and China is gradually moving towards the center of the international stage,lacking of basic study of the treaty interpretation rules of VCLT,not only does not match with China's great power status,but also does not help to deal with the increasing international litigation.As a basic and universal question,treaty interpretation can be found in every international cases.There is a need to empirical study the treaty interpretation rules of VCLT.There are four chapters in this dissertation.Chapter one is the theory of treaty interpretation.Chapter two is general rule of interpretation.Chapter three is supplementary means of interpretation.Chapter four is interpretation of treaties authenticated in two or more languages.Chapter one is the theory of treaty interpretation.This chapter reviewed the development of treaty interpretation theory,analyzed the hermeneutic basis of subject interpretation method and object interpretation method.This chapter also analyzed the advantages and disadvantages of these two interpretation methods based on their interpretation aim,interpretation object and basic interpretation methods.This dissertation considered the International Law Committee according the objective interpretation method to establish the treaty interpretation rules of VCLT,which aim is to find the ordinary meaning of treaty.This aim determined that object and purpose interpretation in an auxiliary status,as same as the papers which produced during the process of treaty conclusion.This aim also determined the context interpretation,object and purpose interpretation,good faith interpretation always the second or third steps in the interpretation process.In the treaty interpretation rules of VCLT,the first step of interpretation is always ordinary meaning interpretation.Chapter two is general rule of interpretation,which studied the article 31 of VCLT.This article includes three contents as following: first,the elements should be taken by interpreters during the process of interpretation;second,the forms and scope of context;third,the special meaning of treaty terms.This article provides four interpretative elements,namely,ordinary meaning,context,object and purpose,good faith,and provides special meaning as the exception of ordinary meaning,as well as the scope of context.The objects of this chapter are ordinary meaning,context,object and purpose,good faith,accordingly,this chapter divided into four parts.Section one of chapter two is ordinary meaning interpretation,which want to find its meaning and construct some interpretation rules based on the meaning of ordinary meaning.Because of the contra dictionary relationship between ordinary meaning and special meaning of article 31 of VCLT,this dissertation thought the meaning of ordinary meaning of article 31 is not daily meaning or technical meaning of language,but the dictionary meaning which comply with the requirement of context,object and purpose,good faith.According the criteria whether the scope of term change,the ordinary meaning interpretation can be divided into historic meaning interpretation and contemporary meaning interpretation.Section two of chapter two is context interpretation,which empirical studied article 31.2 and 31.3 of VCLT.The aim of this section is to determine the scope of context of article 31 and the rules of context interpretation.Article 31 based on objective interpretation method,exclude the supplementary means of interpretation from the scope of context,which including preparatory work of the treaty and the circumstances of its conclusion,which produced during the treaty contracting process.Although article 31 provides the scope of context,there are no clearly definition of every forms of context.At the same time,context means the linguistic circumstances where people use natural language to communicate,which means context can define and interpret the meaning of terms.According to these two functions of context,rules of context interpretation including linguistic rule and logic rule.Linguistic rule means same term has same meaning,different term has different meaning,terms in treaty can not be repeated.Logic rule means there is no logical contradiction or logical repetition.Section three of chapter two is object and purpose interpretation,which study the interpretative element “object and purpose” provided in article 31.1 of VCLT.Although the term “object and purpose” belongs to undefined terms,based on the distinctions between it and the aim hoped by contracting states etc.,we found the legal characters.Based on the legal characters of “object and purpose”,we analyzed the legal status of object and purpose interpretation method in the treaty interpretation rules of VCLT.We also analyzed the rule of object and purpose interpretation.Section four of chapter two is good faith interpretation,which study the interpretative element “good faith” provided in article 31 of VCLT.Differentiating from ordinary meaning interpretation,context interpretation,object and purpose interpretation,good faith interpretation not only an interpretation method,but also is the fundamental requirement of whole process of treaty interpretation.Good faith interpretation means rationality and validity.According to good faith interpretation,interpreters should respect treaty text and could not create or introduce new term or concept which do not exist in treaty to increase or decrease rights and obligations of contracting states according to treaty.It also means treaty interpretation should not make existing terms in treaty invalid or lead to manifestly absurd or unreasonable result.Good faith interpretation demands interpreters insure the validity of treaty,which means good faith interpretation includes effective interpretation.As customary international law,effective interpretation means interpret treaty in a whole,which emphasize the function of context,object and purpose in treaty interpretation.It also means conflict objection.Chapter three is supplementary rules of treaty interpretation,which empirical study article 32 of VCLT.This article includes two contents,first,the basic forms and scope of supplementary means of interpretation;second,the using conditions of this article.The title of article 32 illustrates the subsidiarity of this interpretation method,which is reflected by the applicable conditions provided by it.Although interpreters can use supplementary means of interpretation provided by article 32 to confirm the meaning found with article 31,this function of article 32 is alternative.Although interpreters can determine the ordinary meaning of treaty with article 32,but only they can do it when they can not get reasonable result by using interpretative elements provided by article 31.The scope of supplementary means of interpretation includes but not limited to preparatory work of the treaty and circumstances of treaty conclusion.From the perspective of international judicial practice,treaties in similar situation also is the supplementary means of interpretation provided by article 32.There are two legal characters of supplementary means of interpretation,which are relevant and public.The reason for this is to get more materials for interpreters referring when they can not get reasonable result with article 31.Although International Law Committee refused to define preparatory work of treaty conclusion,this dissertation thought that all the paper work produced from the date of negotiations beginning to the date treaty entry into force.Although oral material belongs to paper work of treaty conclusion in theory,international judicial practice do not accept it based on burden of proof.There is an important character of paper work of treaty conclusion,which is reflecting the common will of contracting parties.Circumstances of treaty conclusion is an ambiguous concept with indefinite extension.This dissertation defined it as the international background before contracting negotiations which impelled contracting states to decide to start contracting negotiations and conclude treaty,and the international background during the process of treaty conclusion.There is only one legal character of circumstance of treaty conclusion which is relevant.If contracting states proof it,the court should adopt it.Chapter four is linguistic rules of treaty interpretation,which studied article 33 of VCLT.This article includes two contents,which are the acquistion method of legal effect of treaty language and the procedure for disambiguation of treaty language.There is a contradiction in treaty authenticated by two or more languages,which is between single rules of treaty and different meaning of different languages.The aim of article 33 is to eliminate difference between two or more authenticated languages to insure a single rules of treaty.Article 33 is not a independent clause but supplement to article 31 and 32,which is a supplementary article on language interpretative element.Authentication is not a fact stating but legal validity binding.There are three functions of authentication,which are proving real text of treaties,binding legal validity to text,and saving international judicial resources.When there is a diversity in treaties authenticated by two or more languages,interpreters can use the following procedures to eliminate meaning diversity: first,if there is an article provided that certain language prevail other languages in treaties or parties concluded this agreement after treaty conclusion,interpreters should adopt the meaning of prevailed language.Second,if there is no such article or agreement,all the authenticated languages have same effect.Interpreters should explain terms with all authenticated languages using interpretation methods provided by article 31 and 32.Third,if the methods provided by article 31 and 32 are ineffective,interpreters should reconcile the meaning of different authenticated languages with object and purpose of treaties according to article 33.4.