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Treaty Interpretation From A Negotiator's Perspective, Kenneth J. Vandevelde

Vanderbilt Journal of Transnational Law

The international law of treaty interpretation is based on the perspective of an objective third party, such as a court, seeking to interpret an agreement after it has been negotiated. The result is a legal regime that attempts unnecessarily to apply a uniform approach to all treaty provisions and which places primary emphasis on resolving disputes rather than on enforcing the parties' intent. This approach takes insufficient account of the actual process of treaty negotiation, undercuts the legitimacy of the court's interpretation and potentially diminishes the effectiveness of treaties as a means of governing international relations. International law needs a …