Research On Dynamic Interpretation Method Of Treaties

The function of treaty interpretation is to make the parties understand the meaning of the corresponding provisions of the treaty correctly by explaining the specific provisions of the treaty,and to make the treaty better implemented.In order for treaty interpretation to play its full role,it is necessary to choose appropriate methods.In the long-term practice of treaty interpretation,three main methods of treaty interpretation have been formed,namely,treaty interpretation method,intention interpretation method and purpose interpretation method.These methods have also been incorporated in articles 31-32 of the Vienna Convention on the Law of treaties as the primary option for most subsequent international judicial bodies to carry out treaty interpretation activities.The recent practice of international judicial bodies in treaty interpretation has shown that,in addition to the traditional three methods of treaty interpretation,there is also a dynamic interpretation method that can deal with the impact of the passage of time on the meaning of treaty terms,the interpretation of treaty provisions from the latest perspective is of positive significance for the proper implementation of the treaty.However,as a rule of customary international law in the interpretation of treaties,the Vienna Convention on the Law of treaties does not incorporate dynamic methods of interpretation,the international judicial institutions that have undergone dynamic interpretation have not developed specific rules for applying the method.There are different opinions on the method of dynamic interpretation in academic circles.As a whole,there are still a lot of gaps in the research of dynamic interpretation method.Therefore,this paper will analyze and discuss the concept,value and application of dynamic interpretation method from many angles.Apart from the introduction and conclusion,this paper is divided into four parts:In the first part,the basic theory of dynamic interpretation method is explained.It includes three aspects:defining the concept of dynamic interpretation method,analyzing the difference between dynamic interpretation method and traditional treaty interpretation method,and analyzing the consideration factors of applying dynamic interpretation method.Firstly,the concept of dynamic interpretation method is defined by comparing the different views of domestic scholars on the method of dynamic interpretation,combining relevant literature and case materials,that is to say,the method is based on the original text of the treaty.A method of interpreting the meaning of a treaty term after a change in its meaning in the light of the present objective situation.Secondly,by analyzing the characteristics of interpretation,intention and purpose,the author compares them with the dynamic interpretation method.It highlights the difference between the dynamic interpretation method and the three traditional treaty interpretation methods:compared with the treaty interpretation method,the dynamic interpretation method focuses on the meaning after the change in the meaning of treaty terms,moreover,the extension of the meaning of treaty terms by the dynamic interpretation method is larger than that of the treaty term interpretation method.Compared with the intention interpretation method,the dynamic interpretation method takes into account the influence of the changes of the international community on the intention of the States parties,and considers that the intention of the States parties after the development of the change is also their real intention;Compared with the objective interpretation method,the dynamic interpretation method has no distinction in application according to the type of the treaty,and its scope of considering dynamic factors is wider than that of the purpose interpretation method.Finally,in the light of the dynamic interpretation practices undertaken by international judicial bodies,considerations for the application of dynamic interpretation methods have been proposed,including the "generality" of treaty terms and the "unlimited duration" of the existence of treaties,and the reasons for considering these two factors are demonstrated.In the second part,four values of dynamic interpretation method are proposed.First of all,the dynamic interpretation method is put forward in favor of safeguarding the legitimate interests of the State.By analyzing the principle of change of situation in domestic law,that is,after the change of circumstances results in a significant change in the basis of the existence of a contract,based on the protection of the legitimate interests of the parties to the contract,the contract shall be terminated or modified.This principle is extended to the provisions of the Vienna Convention on the Law of treaties,and it is proposed that the principle should be dealt with flexibly,that is to say,the dynamic interpretation method should be used to safeguard the legitimate interests of the States parties.Secondly,it is suggested that the dynamic interpretation method is conducive to the realization of the object and purpose of the treaty.Through the analysis of the European Convention on Human Rights and its related interpretation practice,it is concluded that some types of treaties should achieve their object and purpose,it is necessary for the content of the treaty to keep pace with the development of the times and to adjust the connotation of the specific provisions of the treaty in a timely manner.Once again,the introduction of a dynamic approach to interpretation is conducive to preserving the flexibility and effectiveness of the treaty by analysing the interpretation of the term"commercial"by the International Court of Justice in Costa Rica v.Nicaragua,right of Navigation,demonstration of dynamic interpretation has the function of keeping treaty terms in abreast of the times,thus keeping the treaty flexible and effective.Finally,the dynamic interpretation method is put forward to realize the long-term stability of the relationship between the States parties,which is proved by the analysis of the relationship contract theory.In the third part,three possible defects in the application of dynamic interpretation method are analyzed.First of all,considering that the application of the dynamic interpretation method may impact the principle of State consent,that the treaty has effect on the State party on the premise that the consent of the State party is available and that the dynamic interpretation method is applied,making it possible for international judicial bodies to establish the presumption of the intention of States parties,on the one hand,to rely on fewer and less reasonable conditions of examination,and,on the other hand,to take into account the future development of the international community at the time of contracting parties,the preconceived use of general terms is rare,and such a presumption is therefore likely to run counter to the true intent of the State party.Second,considering that the application of the method of dynamic interpretation may transcend the reasonable boundary of judicial activism,and that judicial activism in the field of treaty interpretation,if properly applied,may supplement circumstances that were not sufficiently taken into account at the time of contracting,it is reasonable to explain the ambiguous terms of the treaty and to clarify the rights and obligations of the contracting parties.However,if the judicial initiative is exerted at will,it will transcend the reasonable boundary of judicial activism and impair judicial justice.A violation of the rights of the State party has been demonstrated by an analysis of the American Sea Turtle Sea Shrimp case handled by the World Trade Organization Appeals body.In the end,it is considered that the interpretation factors taken into account in the application of the dynamic interpretation method by the international judicial organs are single,and it is demonstrated by analyzing the various interpretation factors stipulated in the Vienna Convention on the Law of treaties and the logical relationship between them.In the fourth part,three suggestions are put forward to overcome the shortcomings of the dynamic interpretation method.First,it was suggested that the principle of State consent should be adhered to,specifically divided into two methods,one being to consider the time at which the treaty was concluded and,in the case of older treaties,the presumption that the intention of the States parties could be dynamically interpreted with sufficient evidence,on the contrary,this presumption should be avoided for the conclusion of shorter-term treaties.Second,in the case of treaty interpretation involving trade and economic disputes,the level of economic development and economic growth of the parties at the time of the conclusion of the treaty should be taken into account when exploring the true intention of the State party.Secondly,the author puts forward that limited judicial activism should be applied,which can be divided into three methods:one is to adhere to the flexible concept of judicial activism,that is to say,in the interpretation of treaties,it should be dominated by and supplemented by activism.In cases where treaty terms can be interpreted clearly through basic interpretation methods,exclusivity is adopted,and activism is carefully adopted when dynamic interpretation methods are needed.The second is to adhere to the principle of good faith,to give priority in interpreting the treaty according to the meaning of the term at the time of the conclusion of the treaty,and to judge whether a dynamic interpretation should be made on the basis of existing evidence when the meaning of the term has indeed changed.Third,limiting the scope of judicial activity,requiring treaty interpretation bodies to adhere to their purposes and value options,and reduce the use of value options in other areas as a basis for dynamic interpretation.Finally,it was suggested that multiple elements of treaty interpretation should be taken into account in a comprehensive manner and that dynamic interpretation should take into account the general meaning,context,object and purpose of the terms of the treaty,interpretation in good faith and"subsequent agreements","subsequent practice","application of any relevant international rules relating to the relations of the parties".