The Interpretation Of International Agreements And World Public Order

In two installments (see Bos 1980a), Bos offers a useful structure with attention to detail to study the subject of contract interpretation, either on a theoretical or practical basis through a study of the interpretive practice of international tribunals. It addresses the interpretation of the treaty within the “atmosphere” of the law and without restrictions because of the structure imposed by Articles 31 to 33 of the Vienna Convention on Treaty Law. The practice and theory of treaty interpretation is a classic theme of contract law. As with other parts of international law, scientific interest in this issue has developed in cycles. Many of the interpretive arguments put forward before the advent of international tribunals and applied in judicial argument are rooted in the early writings of lawyers such as Hersch Lauterpacht, Arnold McNair and Gerald Fitzmaurice, and not in the work of the UN International Law Commission (ILC) and their results, the 1969 Vienna Convention on Treaty Law (19VC). The scientific letter focused primarily on judicial statements on the importance of a contract and the process by which interpretive conclusions are drawn. This function has logically been articulated in recent years in the context of the growing number of active dispute resolution forums in international law. The interpretation of the contract as a theme of an academic genre is generally viewed either from a practical perspective, by analyzing the practice of contract interpretation to draw theoretical and systemic conclusions on this subject, or by using a theoretical perspective using practical examples as illustrations of advanced points. The purpose of this bibliography is to catalogue the two types of publications and to highlight publications useful to researchers and practitioners who work or work on contractual interpretations in different areas of international law and in national contexts.

Less attention is paid to writings that comment on the interpretation of a contract in a single case of a particular international tribunal, without drawing easily usable conclusions outside the context of that specific judgment. The dominant part of science focuses on the application of a single principle of interpretation by a single court, often in a single case or in a small number of cases. Another area focuses exclusively on a single principle of interpretation, but examines its application from a comparative perspective. Other less popular literatures focus entirely, but with different intensities, on the interpretive practice of a single international tribunal, so that conclusions can be drawn about the judicial function assumed by that court or court, or on all the principles of interpretation of the contract, as applied by different courts. Finally, and fortunately, there has been a renewed interest in the critical theory of contract interpretation, which balances the positivist tone of most available scholarships – and sometimes in a unique way. The opinions expressed in this bibliography are personal and do not reflect the views of the institution in which the author operates. Examines the relationship between law and politics in the process of interpreting indeterminate legal texts developed by a divided and developing international community. Provides a strong argument on the political and social function of the international judge`s interpretation in response to the ILC`s strictly legal approach in this case.

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