Lecture 7.pdf - PUBLIC INTERNATIONAL LAW LECTURE 7...

This preview shows page 1 - 9 out of 35 pages.

PUBLIC INTERNATIONAL LAW LECTURE 7: Interpretation, Suspension and Termination of Treaties
Image of page 1

Subscribe to view the full document.

SCHEDULE 1. Validity of treaties 2. Application of treaties Modification and termination of treaties
Image of page 2
Interpretation - Famous quotes E. de Vattel - “ In claris non fit interpretatio” (obscurantist tautology) - Is this Vattelian axiom really valid? When a rule is clearly intelligible, there is no need of proposing a (usually extensive) interpretation Lord McNair - “There is no issue that the drafter approaches with more trepidation than the issue of interpretation”
Image of page 3

Subscribe to view the full document.

Interpretation - An old art Pythia - the ultimate interpreter Ηξεις, αφίξεις ουκ εν τω πολέμω θνήξεις Translation: You shall go and you shall return never you shall perish in the war!
Image of page 4
Fear the Greeks (and the Romans) even when they bear gifts! (The Trojan War) Cleomenes concluded a truce with the people of Argos that was supposed to last some “days” Result: he attacked during the night! Fabius Labeo agreed with Antiochus to restore to him half his fleet Result: he sawed the ships to be restored in half!!! Locrians had made a pact that they would not attack as long as they stood upon that very earth and carried heads upon their shoulders the problem was that when they agreed this they had put earth in their shoes and carried heads of garlic on their shoulders!!
Image of page 5

Subscribe to view the full document.

3 schools of Interpretation (1 rule) Textual/Grammatical Interpretation Teleological Interpretation “Founding fathers’ approach/ Drafters’ Intention Approach/ Intentions’ approach Element -->Time - temporal considerations One does not negate the others --± Difference of emphasis Title of Article 31: Rule (Note: Singular) of interpretation
Image of page 6
5 Principles of Interpretation Identified by Sir Gerald Fitzmaurice 1) Principle of Actuality/ Textuality ± treaties are to be interpreted as they stand based on their text ( ICJ, First Admissions Case, 1948 ; ICJ Second Admissions Case, 1950 ; ICJ, Peace Treaties Case, 1950 ;) 2) Principle of the Natural Meaning ± normal and ordinary meaning of the words in their context ( ICJ, First Admissions Case, 1948 ; ICJ Second Admissions Case, 1950 ; ICJ, Peace Treaties Case, 1950 ;) Subject to Principles I and II 3) Principle of Integration ± Treaties interpreted as a whole with reference to object and purpose (ICJ, South-West Africa Case, Judge de Visscher, 1950; ICJ, Peace Treaties Case, Judge Read, 1950) 4)Principle of Effectiveness ± ut res magis valeat quam pereat (PCIJ, ILO Advisory Opinion, Series B, No.13; ICJ, Injuries Case, 1949 ; ICJ, Corfu Channel Case, 1949 5) Principle of subsequent practice (ICJ, South-West Africa Cases, 1950; ICJ, Asylum Case, 1950 )
Image of page 7

Subscribe to view the full document.

Questions answerable through Arts. 31-33 VCLT Are there many rules of Interpretation?
Image of page 8
Image of page 9
  • Summer '16
  • 402
  • PUBLIC INTERNATIONAL LAW, Meaning of life, iCj

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern