On The Development Of Treaty Interpretation Rulesfrom The Perspective Of Evolutionary Interpretation Of Treaties

International treaties are the codification of the rights and obligations of the subjects of international law.The realization of the effectiveness of any treaty can not be separated from the complex proposition of treaty interpretation,especially in the construction of international rule of law today,treaty interpretation is increasingly prominent in the settlement of international disputes.As one of the methods of treaty interpretation,evolutionary interpretation has a history of more than 40 years since its birth,but it didn't attract the attention of scholars at home and abroad until the recent era.With the passage of time,the changes of meaning of treaty terms and international situation,evolutionary interpretation is frequently applied because of its flexibility.However,the international rules of treaty interpretation do not make clear provisions for evolutionary interpretation,and there is no uniform international applicable norms in reality.In judicial practice,there are some unreasonable interpretations caused by the discretion of the International Court of justice.China has also suffered unreasonable loss of interests in the settlement of some international disputes.Therefore,the purpose of this paper is to have a comprehensive and thorough understanding of evolutionary interpretation,and to understand the characteristics,advantages and problems of this interpretation method.On this basis,we can better adapt to the development trend of international law,control the evolutionary interpretation method to serve China's international affairs,and improve China's response to international judicial issues.This paper is divided into five parts.The first part is about the analysis of the basic concepts of evolutionary interpretation.It not only analyzes the reasons for the emergence and continuous development of evolutionary interpretation from multiple perspectives,explains the specific meaning of evolutionary interpretation,but also compares it with traditional treaty interpretation methods and subsequent behavior interpretation methods,so as to realize a more comprehensive understanding of evolutionary interpretation.The second part expounds the international law basis of evolutionary interpretation,mainly involving the analysis of the text with evolutionary significance in Article 31 of the Vienna Convention on the law of Treaties(hereinafter referred to as the "Convention").The third part,from the perspective of empirical analysis,analyzes the specific problems arising from the application of evolutionary interpretation methods,which often constitute a major obstacle in the development process of evolutionary interpretation,especially the increasingly serious judicial law making problems,as well as the continuous impact on the principle of state consent,are the focus of attention of scholars today.The fourth part is for the purpose of reasonable application of evolutionary interpretation,and puts forward the restrictions on the interpretation method based on the basic principles to be abided by in treaty interpretation.The fifth part is the prospect of the application of evolutionary interpretation in the future.In addition to its positive influence,there are also effective countermeasures under the development of treaty evolutionary interpretation in China.