On The Role Of "Travaux Préparatoires" In Treaty Interpretation

Treaty interpretation is an important method for the settlement of international disputes.Articles 31 to 33 of the Vienna Convention on the Law of Treaties which is about the interpretation of treaties provide basic rules for the interpretation of treaties and play an important role in the settlement of international disputes.However,the definition of the Convention’s "travaux préparatoires" is unknown,which not only creates theoretical disputes,but also causes obstacles to its application.The Convention only refers to “travaux préparatoires” in Article 32 named“Supplementary Information for Interpretation”,making the reference to “travaux préparatoires” in the interpretation of the treaty a secondary rule other than Article 31.Through an analysis of the Court’s case concerning territorial dispute awards,I have found that,compared to the "general rules" stipulated in Article 31,the Court does not attach importance to the role of "travaux préparatoires" in the interpretation of treaties.The use of "travaux préparatoires" in judicial practice is limited.The traditional positions of the International Court of Justice and the Convention are constantly being questioned by scholars.Territory involves the fundamental interests of a country.Improper interpretation will cause serious international conflicts.The interpretation method that weakens the role of "travaux préparatoires" may not lead to correct,reasonable conclusions.Especially as time went on,the meaning of the text of the treaty has already changed.At this time,the conclusion drawn from the meaning of the text alone will inevitably lead to errors.Through jurisprudential analysis of the "travaux préparatoires" method,I think that "travaux préparatoires" as a historical interpretation method can not only explore the intent of the parties,but also make upfor the shortcomings of the interpretation of text and purpose.Now that international exchanges are getting closer,I believe that the status of "travaux préparatoires" in the interpretation of treaties should be continuously improved.This article consists of three parts,which are the introduction,the body,and the conclusion.The body is divided into four chapters.The first chapter "Basic Theory of Treaty Interpretation" mainly explores the theory of treaty interpretation,the provisions of the Vienna Convention on the Law of Treaties about treaty interpretation,and the attitude to "travaux préparatoires".First,it briefly introduces in theory the necessity of treaty interpretation and the theoretical differences on treaty interpretation.The theories on treaty interpretation mainly include "subjective school","objective school" and "purpose school";secondly,it analyzes the Articles 31 and 32 of the Vienna Convention on the Law of Treaties,and clarifies the rules established by Article 31 and the application priority of Article 31.Finally,by combing different views on the application of "travaux préparatoires",it is found that there are theoretically two opposing attitudes to the application of "travaux préparatoires" in the interpretation of treaties.The second chapter,"Basic Theoretical Research of" travaux préparatoires ",mainly studies the basic theory of" travaux préparatoires "about the definition,characteristics,applicable conditions,and limitations.First,regarding the definition of "travaux préparatoires",several representative definitions are introduced to determine the specific scope of "travaux préparatoires" discussed in this article;secondly,the three characteristics of "travaux préparatoires" should be analyzed :"Authenticity","represent common intention","relevance";thirdly,analyze the two major conditions of application of "travaux préparatoires" in the Vienna Convention on the Law of Treaties: confirmation and decision;finally,analyze the limitations of"travaux préparatoires",such as contradiction and ambiguity.The main task of this chapter is to theoretically explore the meaning and applicable methods of "travaux préparatoires".The third chapter,"Empirical Study of" travaux préparatoires "in the International Court of Justice’s Interpretation of Territorial Treaty Cases," mainly analyzes the International Court of Justice’s attitude towards "travaux préparatoires" in territorial dispute adjudications.This chapter mainly selects three typical cases in which “preparatory information” is applied in the “Libya-Chad Territory Dispute Case”,“Ligittan and Sipadan Sovereignty Cases”,and “Kasikiri-Sedudu Island Case”.Upon inspection,it can be found that the approach of the International Court ofJustice on the interpretation of treaties is basically inclined to proceed from the text of the treaty.In all three cases,the interpretation was based on the text,context,and the purpose and purpose of the treaty.“travaux préparatoires” is merely to confirm the meaning of article 31.Combined with more cases to conduct a horizontal comparison,it was found that the International Court of Justice did not even invoke "travaux préparatoires" in some other territorial dispute cases.By comparing the cases,it is further convinced that the application of the "travaux préparatoires" by the International Court of Justice is very cautious in practice.The fourth chapter,"Jurisprudential Analysis of ’travaux préparatoires’-From the Perspective of Historical Interpretation",mainly analyzes the reasons why "travaux préparatoires" is ignored by the Court from a theoretical level.On the one hand,it may be because there is a misunderstanding in the interpretation of treaty of the Vienna Convention,and it is considered that the Convention excessively restricts the application of the "travaux préparatoires".on the other hand,it may be because the "travaux préparatoires" itself is difficult to obtain.Furthermore,raising the status of "travaux préparatoires" in the interpretation of the treaty may bring new problems.Then,from the perspective of historical interpretation,it discusses the importance of enhancing the status of "preparation materials" in the interpretation of treaties.By comparison,it is found that the recourse to "travaux préparatoires" is a kind of historical interpretation.Historical interpretation can not only explore the intent of the contractor,but also add flexibility to the interpretation of the treaty and make up for the lack of interpretation of the text and purpose.In addition,historical interpretation helps to limit the subjective arbitrariness of evolutionary interpretation.Therefore,the historical interpretation method plays an important role in treaty interpretation.The conclusion is a summary of the above-mentioned theory and practice of "travaux préparatoires".The traditional position of the Court and the VCLT tends to limit the role of "travaux préparatoires" in the interpretation of treaties.In practice,the Court has not paid enough attention to "travaux préparatoires" during the interpretation of treaty.While through jurisprudential analysis,I believe that,in theory,the role of "travaux préparatoires" as a method of historical interpretation for treaty interpretation cannot be ignored.Especially with the deepening of China’s reform and opening up,treaty interpretation is inevitable,and studying the role of "travaux préparatoires" in treaty interpretation can prevent China from being disadvantaged in international disputes.