This research is based on two hypotheses. Firstly, the international justice is the most appropriate instrument to explain the ambiguous provisions in international treaties when applied to national domains. Secondly, the Vienna Convention on the Law of Treaties (1969) is the best general framework for any study on matters of treaties, among which are rules of interpretation. By linking the two hypotheses, the international justice must apply the Vienna rules as one of two things; first; those rules have one level of importance, namely, multiple elements of a single rule, and that these elements should be working "integrally" to create the judge's conviction about the meaning of the interpreted text. Second, the Vienna Convention represents several progressive rules according to the texts in which they occur and in which they dominate the conviction of the judge. The process of interpretation starts, in all cases, from a single point with two perspectives: the interpreted "text" and the "will" or intention of its originators. The basic principle is that the parties put up the text in good faith when the treaty was concluded. Thereupon, the interpretation of any term of that treaty must be in good faith to remove any ambiguity. However, does the term denote the "prevailing", or the "specific" meaning, which the parties adopted at the time of formulation? In both cases, the judicial interpretation does not prevent the text from having a "positive or effective," impact. The term to be interpreted is inseparable from the entire framework of text. The other "agreements", the "documents" and the "interpretative declarations" which may be issued relevant to the treaty, must be taken into account. Therefore, the international justice can give the text an "evolutionarily" meaning. Under its discretion, the international justice should estimate the benefit of all rules of interpretation. Therefore, the judicial decisions should reveal the truth about whether the Vienna rules have enough capacity to operate or are in need of amendment or change.
Al-Taié, Adel Ahmad
"Rules of Judicial Interpretation of the International Treaty "A Study of the Law of Treaties,"
Journal Sharia and Law: Vol. 2011
, Article 7.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2011/iss46/7