On The Principle Of In Dubio Mitius In International Treaty Interpretation

Treaty interpretation plays a very important role in clarifying the blank and loopholes of the treaties as well as defining the concrete rights and duties of the contracting parties.This article mainly discusses the principle of in dubio mitius which belongs to the customary rules of interpretation of public international law.Based on the related basic theories of treaty interpretation,combining with several cases of international disputes,this article analyzes the situation of application of the principle of in dubio mitius.Though the principle of in dubio mitius is rarely referred to in practice,it is undeniable that the value orientation of respecting state sovereignties underlined in this principle remains some positive meanings so that applying the principle of in dubio mitius in interpreting treaties is necessary and reasonable.Besides the introduction and conclusion,this article contains four chapters.The first chapter provides a general overview of the basic theories of treaty interpretation and elaborates the rules of interpretation stated in Article 31 and Article 32 of the Vienna Convention on the Law of Treaties 1969 as well as their status in the interpretation of international treaties.Practice of treaty interpretation from international dispute settlement bodies is based primarily on Article 31 and Article 32.Nevertheless,not all rules of interpretation of public international law are included in the Vienna Convention on the Law of Treaties 1969.The second chapter introduces the connotation and status of the principle of in dubio mitius,at the same time,uses cases from Permanent Court of International Justice,the International Court of Justice,the WTO Dispute Settlement Body as well as international investment arbitral tribunals to analyze the present situation of application of this principle.There is no denying that the principle of in dubio mitius was once one of the customary rules of interpretation of public international law.In spite of this,this principle is rarely referred to along with the development of the practice of the settlement on international dispute,especially the reference of this principle hardly succeeds.The third chapter mainly evaluates the situation of application of the principle of in dubio mitius.For one thing,because of the evolution of language environment of international law,the influence of preconception of judicial officers and precedents of international judicial institutions,along with the contradiction with other rules of interpretation,the principle of in dubio mitius is rarely referred to by dispute parties or international judicial institutions;for another,this principle contains some positive meanings including the mutual supplement and restriction between this principle and other rules of interpretation as well as balancing the pattern of interests in dispute settlement.The fourth chapter mainly discusses the suitable situation and methods of the principle of in dubio mitius.This principle is applicable on the major premise that the meaning of a stipulation is ambiguous,especially it contributes a lot to the interpretation of bilateral treaties and the problem whether exception provisions in the WTO Agreements can be invoked in the Accession Protocol.Not only can it be applied as a supporting rule of interpretation to Article 32 of the Vienna Convention on the Law of Treaties 1969,but also it can be applied alone while the meaning of a stipulation cannot be clarified by Article 31 and Article 32.