Concerning the Interpretation of Treaties

Abstract

The interpretation of treaties is a part of the procedure of carrying out or realizing the act of contracting. This work would not be necessary if agreements between states were bare expressions of international good-will, like the arrangements of friendly monarchs to interchange visits. Because, however, treaties are deemed capable of realization and performance, the process is essential. The method of interpretation consists in finding out the connection made by the parties to an agreement, between the terms of their contract and the objects to which it is to be applied. This involves two steps. One is to ascertain what has been called the “ standard of interpretation; ” that is, the sense in which various terms are employed. The other is to learn what are the sources of interpretation; this is, to find out where one may turn for evidence of that sense.