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The Priority Of Interpretation Of The Treaty Text

Posted on:2013-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:W W DengFull Text:PDF
GTID:2246330374980999Subject:Law
Abstract/Summary:PDF Full Text Request
Since the founding of United Nations, especially with the development of economic globalization, the international community to pursue the development of international rule of law is an important goal of international law. A notable feature of International rule of law is for the governance of the international community through international law and rules of governance, which requires the improvement and development of international law. In the international legal system, international treaties have become the most major rules of international law forms. This shows that international rule of law and international treaties have a close relationship between researches.The ambiguity of the text of the treaty is a common feature and inherent characteristics of all legal systems. Recorded in the treaty text itself is generally refined. The Parties will be given of its intention to the text, but the birth of the text has an independent "will", which is constantly changing, the development of political, economic, cultural, traditions. In this context, treaty text has become "the plain-fact view ". It requires the help of explanation to deep the meaning of the text and broadens its field of application. Thus the meaning of treaty interpretation is very important.There are many ways of treaty interpretation. The view is the text of the treaty interpretation adhere to priority under the premise of the use of other methods of interpretation as a supplement. In this paper, the priority applicability of the treaty text is discoursed following three aspects. Firstly, the paper discusses the meaning of the interpretation of treaty text. the scope and the need for treaty text. The text explains" also is known as "objective interpretation. Text to explain The contents of the treaty text is the basis for accurate interpretation. The parties explain the intent by the interpretation of the original treaty. The meaning of the treaty text is always in a constant process of understanding. The text of abstract text can be applied to of the special treaty conflict by text explanation. Secondly, this section describes the status of treaty interpretation, as well as text to explain the method used when. Text explanation is not the only way in the treaty interpretation conflict in the interpretation of the treaty. It will also consider other methods of synthesis to obtain the effect of justified. But we must be stressed that when the text explanation is the characteristics of a priority. while other findings of treaty interpretation is inconsistent with the interpretation of the text, it should be standard. The supplement of treaty interpretation is good faith, usually interpretation, context and purpose of interpretation and contemporary interpretation. Thirdly, the paper elaborate from four aspect. Text to explain the priority is not only refers to the order of preference, but also should minimize the use of the interpreter outside the context of interpretation. Other methods only is used a supplement. It can not shake the basis of the text to explain position. The rule of law oppose the explanation which add or escape the original interpretation in order to achieve some purpose.
Keywords/Search Tags:Explanation, Interpretation of the treaty text, Priority use
PDF Full Text Request
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