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Justification or Discovery? A New Way to a Fuller Understanding of the Law on Treaty Interpretation

Linderfalk, Ulf LU (2023) In Baltic Yearbook of International Law 21. p.155-181
Abstract
For many years, Articles 31-33 of the 1969 Vienna Convention on the Law of Treaties (VCLT) have been considered a reFlection of the international law that governs the interpretation of treaties. This essay identifies two different ways of conceiving of this law: it can be regarded either as a tool for the justification of meaning or a tool for its discovery. The essay clarifies the relationship that exists between these different conceptions of treaty interpretation and the scholarly struggle over some of the perennial questions in the treaty interpretation debate: the nature of the law laid down in Articles 31-33 of the VCLT; the individuation of this law; and the concept of a clear meaning.
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Public international law, Folkrätt
in
Baltic Yearbook of International Law
volume
21
pages
155 - 181
publisher
Brill
external identifiers
  • scopus:86000277442
ISSN
2211-5897
DOI
10.1163/22115897_02101_008
language
English
LU publication?
yes
id
9690acc5-0621-4165-b8c4-c9bebf33cdfa
date added to LUP
2024-02-18 08:30:30
date last changed
2025-06-04 09:56:26
@article{9690acc5-0621-4165-b8c4-c9bebf33cdfa,
  abstract     = {{For many years, Articles 31-33 of the 1969 Vienna Convention on the Law of Treaties (VCLT) have been considered a reFlection of the international law that governs the interpretation of treaties. This essay identifies two different ways of conceiving of this law: it can be regarded either as a tool for the justification of meaning or a tool for its discovery. The essay clarifies the relationship that exists between these different conceptions of treaty interpretation and the scholarly struggle over some of the perennial questions in the treaty interpretation debate: the nature of the law laid down in Articles 31-33 of the VCLT; the individuation of this law; and the concept of a clear meaning.}},
  author       = {{Linderfalk, Ulf}},
  issn         = {{2211-5897}},
  keywords     = {{Public international law; Folkrätt}},
  language     = {{eng}},
  pages        = {{155--181}},
  publisher    = {{Brill}},
  series       = {{Baltic Yearbook of International Law}},
  title        = {{Justification or Discovery? A New Way to a Fuller Understanding of the Law on Treaty Interpretation}},
  url          = {{http://dx.doi.org/10.1163/22115897_02101_008}},
  doi          = {{10.1163/22115897_02101_008}},
  volume       = {{21}},
  year         = {{2023}},
}