Back to Search Start Over

MECHANISMS FOR THE INTERPRETATION OF THE INTERNATIONAL TREATY.

Authors :
al-Tai, Adel
Source :
Journal Law & Political Sciences (Arabic Version); Apr2024, Vol. 39 Issue 2, p256-328, 73p
Publication Year :
2024

Abstract

There is no doubt that the correct interpretation of the ambiguous provisions of the international treaty leads to its properly application. That requires a research in a two-facet problem of: the appointment of the means or "mechanisms" appropriate to take up the interpretation process, and then selecting the "rules" of interpretation which must be adopted in that process for the detection of the intended meanings of vague provisions. This research is concentrated on the first facet of the problem. Therefore, it starts from the assumption that the interpreted treaty does not include specifically the mechanism that should be adopted when the difference in the meaning of a text arises. This requires research in each of the mechanisms: national and international, which any of them can be suitable to take over the task of determining the intended meaning of ambiguous terms. However, if the "mechanisms" is national, will the interpretation be according to national rules with the possibility of adopting it as a justification for failure in the implementation of commitments, or will it require the use of international "rules" and on what basis is this done?. And if that mechanisms is international, is there any international behavior which refers to the likelihood or the necessity to recourse to a specific mechanism and to the commitment to the decision of the interpretation of the terms that the parties differ in their understanding of the treaty through its application?. The lack of intervention of international law in determining the specific mechanism for removing the ambiguity give rise to the problem of contradiction between the multiple interpretations of terms, which raises the need for guidelines to strengthen the Convention on the Law of Treaties (1969) and to fulfill the widening the application of international law before the national jurisdiction. [ABSTRACT FROM AUTHOR]

Details

Language :
Arabic
ISSN :
26177390
Volume :
39
Issue :
2
Database :
Complementary Index
Journal :
Journal Law & Political Sciences (Arabic Version)
Publication Type :
Academic Journal
Accession number :
178321906