![]() ![]() Indeed, for any novice entering this field of research or practice, reading the literature in a chronological order is imperative. ![]() 1994 McNair 1986 Sinclair 19 and Yasseen 1976 see also the earlier writings included in the sections History and Theory of Treaty Interpretation and Interpretation, Judicial Reasoning, and the Judicial Function). Without depreciating the value of contemporary writing on treaty interpretation, familiarity with that literature is essential to a proper understanding of the principles and challenges of treaty interpretation (see Bos 1980a Bos 1980b McDougal, et al. ![]() Indeed, the leading authors and practitioners in the field of international law often also sat on the ILC. The practice of treaty interpretation dating from that period greatly shaped the debate in the International Law Commission (ILC) on the need to codify some or all principles of treaty interpretation. At the same time, through their involvement in dispute settlement before and on these same judicial bodies, they contributed to the development of these principles. Through commentaries on judgments of the Permanent Court of International Justice (PCIJ) and later of the International Court of Justice (ICJ) and arbitral awards, they articulated in a systemic manner the principles of interpretation applied in those decisions. The views expressed in this bibliography are made in a personal capacity and do not reflect the views of the institution in which the author serves.Ī significant part of the authoritative general commentaries on the law governing treaty interpretation was authored by a small group of lawyers who were intimately linked to academia as well as practice. Finally and fortunately, a renewed interest in critical theory of treaty interpretation has emerged, counterbalancing-and sometimes uniquely complementing-the positivist tone of most scholarship available. Yet other, less popular strands of literature focus entirely, but with different degrees of intensity, on the interpretive practice of a single international court or tribunal, allowing one to reach conclusions about the judicial function assumed by that court or tribunal or on all principles of treaty interpretation as applied by diverse courts and tribunals. Another strand focuses exclusively on a sole principle of interpretation but examines its application from a comparative perspective. The predominant strand of scholarship focuses on the application of a single principle of interpretation by a single court or tribunal, often in a single case or a few cases. Less attention is given to writings commenting on how a treaty was interpreted in a single case of a particular international court or tribunal without drawing conclusions that easily may be used outside the context of that specific judgment. ![]() The aim of this bibliography is to catalogue both types of publication and to highlight publications useful to researchers and practitioners working on or writing on treaty interpretation in different fields of international law as well as in domestic contexts. Treaty interpretation, as a subject of an academic genre, is usually approached from either a practical perspective, analyzing the practice of treaty interpretation to deduce theoretic and systemic conclusions on the topic, or a theoretical perspective, using practical examples as illustrations for the points made. This feature logically has become more articulated in recent years against the backdrop of the growing number of active forums of dispute resolution in international law. Academic writing has focused primarily on judicial pronouncements on the meaning of a treaty and on the process through which interpretive conclusions are reached. Many of the interpretive arguments made before the advent of international courts and tribunals and applied in judicial reasoning are rooted in the early writings of lawyers like Hersch Lauterpacht, Arnold McNair, and Gerald Fitzmaurice rather than in the work of the UN International Law Commission (ILC) and the result thereof, the 1969 Vienna Convention on the Law of Treaties (VCLT). As with other parts of international law, the scholarly interest in this theme has developed in cycles. The practice and theory of treaty interpretation form a classical theme of the law of treaties. ![]()
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