Advertisement

Sequence, Hierarchy, Good Faith, Holistic Interpretation and the Possible Codification

  • Chang-fa Lo
Chapter

Abstract

This chapter explains that although there are various methods of treaty interpretation and although an interpreter almost always starts from identifying the ordinary meanings of the textual wording, these methods are not subject to rigid sequence and hierarchy in their application. The interpreter will be bound by the good faith requirement and conduct an overall/holistic assessment after having resorted to various interpretation methods. The chapter also explains the needed flexibility for the interpreter when conducting treaty interpretation.

References

  1. Gardiner RK (2015) Treaty interpretation, 2nd edn. Oxford University Press, OxfordGoogle Scholar
  2. Pronto A, Wood M (2010) The International Law Commission: 1999–2009, Volume IV: treaties, final draft articles, and other materials. Oxford University Press, OxfordGoogle Scholar
  3. Qureshi AH (2015) Interpreting WTO agreements: problems and perspectives, 2nd edn. Cambridge University Press, CambridgeCrossRefGoogle Scholar
  4. Ruse-Khan HG (2010) A real partnership for development? Sustainable development as treaty objective in European economic partnership agreements and beyond. J Int Econ Law 13:139–180CrossRefGoogle Scholar

Copyright information

© Springer Nature Singapore Pte Ltd. 2017

Authors and Affiliations

  • Chang-fa Lo
    • 1
  1. 1.Judicial YuanConstitutional CourtTaipeiTaiwan

Personalised recommendations