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Is Treaty Interpretation an Art or a Science? International Law and Rational Decision Making

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Author

Summary, in English

Although treaty interpretation is undoubtedly an activity governed by international law, and by Articles 31-33 of the 1969 Vienna Convention on the Law of Treaties (VCLT) in particular, some commentators continue repeating the pre-Vienna adage that treaty interpretation is a matter of art and not science, the implication of which is that no understanding of a treaty provision can ever be explained rationally. As the present article argues, this idea of interpretation must be rejected. While, sometimes, an assumed meaning of a treaty cannot be justified based on international law simpliciter, many times it can still be explained based on the structural framework of Articles 31-33 of the VCLT. Consequently, any characterization of treaty interpretation in the abstract as either art or science is misplaced. Whether treaty interpretation is an art or a science remains a question of fact inextricably tied to the approach taken by each and every law-applying agent in particular cases.

Publishing year

2015

Language

English

Pages

169-189

Publication/Series

European Journal of International Law

Volume

26

Issue

1

Document type

Journal article

Publisher

Oxford University Press

Topic

  • Law (excluding Law and Society)

Status

Published

Research group

  • Public International Law

ISBN/ISSN/Other

  • ISSN: 1464-3596