Keywords
treaty, International Court of Justice, international law, Internation Law Commission, Law of Treaties, Vienna Conference
Abstract
The inconsistencies, and conflicting theories of treaty interpretation, constitute the foundation for the present inquiry. The thesis defended is "that neither the judicial praxis nor international legislation, individually or together, have provided a realistic solution to the fundamental challenge facing the International Court of Justice of finding the right balance between stability and progressive development of international law." This fundamental thesis reemerges at several key portions of the text, when the author attempts to prove that existing standards of treaty interpretation are inadequate, on the ground they do not lead toward that degree of predictability and certainty, which he feels is required by governments in this nuclear age. Accordingly, the norms of treaty interpretation must be reexamined, but with a definite goal in mind, namely, "the new international law of 'social' interdependence ' will prevail over positivistic, classical law.
Recommended Citation
Paul Gormley, "Treaty Interpretation: Theory and Reality" (1990) 13:2 Dal LJ 874.
