Theoretical Study Of Dynamic Interpretation Of Treaties

1969VCLT article31-33provides several methods on treaty interpretations, and these methods have played an important role in international conflict resolutions. At the same time, after several years of application, treaties may seemed powerless especially facing with new problems and new circumstances. Besides, the traditional interpretation methods may feel difficult in dealing with the conflicts. In this situation, a new method of treaty interpretation emerged, in the article which named as Dynamic Interpretation of Treaties——European Convention on Human Rights>, R Bernhard says:" If the purpose of the treaty is to establish long-term between the States Parites, the sustainable and consistent contact, or in order to protect citizens (nationals or foreigners) of the basic human rights, we must look squarely at the new problems in the process of treaty interpretation and new development. The international organizations appeal for the application of a multilateral treaties related to the human rights problems using the dynamic interpretation of treaties.’The first part discusses the status and value of the dynamic interpretation of treaties. Although the subsequent agreement and subsequent practice have been treated as a special interpretational data by most international institutions, but since now, dynamic interpretation of treaties has not been treated as an independent method of treaty interpretation, just as a kind of the purpose interpretation of treaties. Dynamic interpretation of treaties can ensure the practicality and effectiveness of treaties, and is conducive to maintain the flexibility of treaties, in order to adapt to the rapidly changing environment.The second part discusses the theoretical basis of dynamic interpretation of treaties. By the discussion of the principle of effectiveness, the principle of contemporaneity and intertemporal law, relational contract theory and the fuzziness of treaties, and referring many international classical cases, deeply compared Fitzmaurice, Thirlway, Sinclair, Engelen, Bernhard and other well-know scholar on the issues related to different argument, and pointed the theoretical basis for the dynamic interpretation of treaties.The third part discusses the independence of the dynamic interpretation of treaties. Through comparative research to analyze the similarities and differences between dynamic interpretation, literal interpretation, intended interpretation and purpose interpretation, in order to prove that dynamic interpretation should be interpreted as a new independent interpretation methods.The fourth part discusses the legality and rationality of dynamic interpretation of treaties. Through the analysis of the expansion of interpreter in merden law system and the consensus existed in international society to find out the legality and rationality of dynamic interpretation.The fifth part discusses the application of dynamic interpretation in our cases, in order to raise awareness and research of this method, to improve national law in the field, to better respond to international disputes and safeguard our national interests.