Study on the Methods of Treaty Interpretation By Domestic Courts
In the context of global integration, domestic courts are faced with an ever-increasing demand for treaty interpretation and application, which is a realistic way to enhance the authority and credibility of the Chinese judiciary. Based on this, we discuss the challenges faced by domestic courts in the specific application of treaty interpretation methods, and put forward suggestions for improvement in response to these problems. These challenges include conflicts and inconsistencies between methods of interpretation, the lack of systematic and comprehensive rules on methods of interpretation, and limitations on the use of dynamic methods of interpretation. In order to overcome these dilemmas, the following recommendations are made: the establishment of a diversified system of interpretation methods; the construction of uniformly applicable rules of interpretation methods; and the reasonable use of dynamic interpretation methods. The implementation of these recommendations will help domestic courts to better respond to cases involving international treaties and, in practice, ensure that treaty provisions are correctly and fairly implemented.
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