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Faculty Scholarship at Penn Carey Law

Bond v. United States

Social and Behavioral Sciences

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What Should Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith Jan 2015

What Should Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

Faculty Scholarship at Penn Carey Law

Restatement (Second) and Restatement (Third) of Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles they set forth are …