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II Treaty Interpretation and Other Treaty Points, Division A: Treaty Interpretation, Ch.II: Fitzmaurice’s Principles in the Case Law of the Court, 1954–1989

From: The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence Volume II

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 08 February 2023

Subject(s):
Ordinary meaning (treaty interpretation and) — Travaux préparatoires — Effectiveness, principle of — Object & purpose (treaty interpretation and)
The question of the methods and criteria appropriate for the interpretation of a treaty usually arises for the Court because the parties are at odds over the correct interpretation to be given to a particular provision. If a particular interpretation is accepted by all parties concerned, then at first sight there is no need for the Court to go behind that, and scrutinize the accepted interpretation to see whether it would be that which would emerge from a scrupulous application of the recognized canons of interpretation. If all parties to the treaty are before the...
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