The Interpretation Of International Agreements And World Public Order

An important part of the relevant general comments on the Contract Interpretation Act was drafted by a small group of lawyers closely related to science and practice. Through commentaries on the judgments of the Permanent International Court of Justice (ICJ) and, later, the International Court of Justice (ICJ) and arbitral awards, they articulated in a systemic way the principles of interpretation applied in those decisions. At the same time, they have contributed to the development of these principles by participating in the settlement of disputes and in the same judicial bodies. The practice of Treaty interpretation at that time marked the debate in the International Law Commission (ILC) on the need to codify some or all of the principles of treaty interpretation. In fact, leading authors and practitioners in the field of international law have often served on the ILC. Without devaluing the value of contemporary writing for the interpretation of the contract, familiarity with this literature is essential for an adequate understanding of the principles and issues of contractual interpretation (cf. Bos 1980a; Bos 1980b; McDougal, et al. 1994; McNair 1986; Sinclair 1984; On 1974; and Yasseen 1976; see also earlier writings in the sections on history and theory of contract interpretation and interpretation, legal argumentation and judge function). For any beginner entering this field of research or practice, it is indeed essential to read the literature in chronological order. The general contract interpretation works cited here, including recent works such as Aust 2007 and Gardiner 2015, were chosen for their ability to fill theory and practice, their place or appreciation for historical debates, their clarity of style and structure, and their originality in perspective or reasoning. The practice and theory of contract interpretation is a classic theme of contract law.

As with other parts of international law, scientific interest in this topic has developed in cycles. Many of the interpretive arguments put forward before the emergence of international tribunals and used in legal arguments are rooted more in the early writings of lawyers such as Hersch Lauterpacht, Arnold McNair and Gerald Fitzmaurice than in the work of the United Nations Commission on International Law (ILC) and in the outcome, the Vienna Convention on the Law of Treaties (VCLT), of 1969. . . .

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