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Interpretation of Treaties
Interpretation of Treaties

Author(s): Jana Maftei, Varvara Licuţa Coman
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: the Vienna Convention on the Law of Treaties; international public law; principles of international law

Summary/Abstract: The treaty today represents the main tool used by states in their cooperation, in order to regulate the international relations, because of the clarity and precision with which there are ascertained the agreements concluded between the subjects of international law. Any author interested in the Law of Treaties has analyzed the problem of interpretation, a particularly important and complex issue. The legal interpretation is the foundation of law, the need for these operations lies in clarifying the meaning of legal norms for its correct application and it is required by the imprecision of used terms, the interaction and inter-conditioning of some regulations. The legal interpretation involves distinct meanings, generated by the specifics of each branch of law, and in this paper we showed the theoretical and practical interest of interpreting a treaty in the negotiation and drafting its text stage, both in its implementation phase or settling disputes concerning its execution. As research methods for the completion of the paper we used analysis and interpretation of legal regulations in the matter, in particular the Vienna Convention on the Law of Treaties of 1969, the doctrinal opinions of Romanian and foreign legal literature, the practice of states and jurisprudence in this area.

  • Issue Year: 8/2012
  • Issue No: 2
  • Page Range: 16-30
  • Page Count: 15
  • Language: English