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Research On The Purpose Of Treaty Interpretation Method

Posted on:2013-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhaoFull Text:PDF
GTID:2246330374481074Subject:Law
Abstract/Summary:PDF Full Text Request
In the global integration of today’s society, the rapid economic development, the international community will pursue the international rule of law as the development of international law as an important goal. The interpretation of the treaty also becomes very important, this article is through the teleological method of interpretation as well as relevant as the main line, and the combination of other methods of interpretation as a supplement to the pattern of teleological interpretation of treaty. This article is through four aspects of teleological method of interpretation of the framework:Firstly, the purpose and objective interpretation of the treaty. The purposes of the Convention of this concept are introduced, followed by the description in the treaties concluded to establish the need to pay attention to the problem, and thus to explain about the treaty. The purpose of the treaty is the treaty interpretation of the target and tenet of interpretation, which belongs to the appropriate security treaty. Secondly, the key and related. This part is introduced in the text of treaty interpretation of the treaty limitations, teleological method of interpretation of legal basis and objective interpretation method in interpretation of treaty in the position. Although the interpretation of the text is the interpretation of treaty interpretation of commonly used methods, but also has certain limitation, objective interpretation, interpretation method can well make up for its shortcomings. Explained is the basis of the Vienna Convention on the Law of Treaties as the basis of the law, and this d ivergence other basis. As a dynamic interpretation method, aim to explain the treaty interpretation of the role more and more intensive, can be in treaty interpretation when supplementary text interpretation, can be also defined system to explain the context, can also help to clarify the different agreements arising from the difference relation. The third purpose is to explain the performance in practice. Objective to explain not only in the general practice of international law has an important role in solving the dispute, is also very important. This paper from two aspects:1, The entity level application.2, The program level application. The fourth, the standardization of objective interpretation. Teleological method of interpretation is an important treaty interpretation, with great discretion, while text interpretation, interpretation of methodological limitations and for the purpose of interpretation method used to create the condition, but in practice specific treaty also widely applicable teleological method of interpretation work situation, if blindly the use of blind may appear treaty interpretation "side effects", so the standardization of its correction becomes very important. Correction mode mainly:1, control of judicial activism, adhere to the teleological method of interpretation and the interpretation of the text between the equi librium method.2, avoid excessive reliance on objective interpretation mode.3, avoid extreme teleological interpretation,in this paper it is hoped that through to the teleological method of interpretation research, understand more clearly the teleological method of interpretation in the treaty interpretation in the practice the important meaning, so as to make it play a more long-term effects.
Keywords/Search Tags:Interpretation of treaty, treaty interpretation on purpose, Explore
PDF Full Text Request
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