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9 Interpretation and Application of Treaties

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Chapter Summary

Interpretation tends to show the unity and coherence of the agreement, to clarify the meaning of its provisions, to remedy contradictions and to comply with the Parties' intention. A treaty is, in a temporal sense, the conclusion of a negotiation process that encompasses the interests of the parties at a specific time and regarding a specific matter, with the purpose of generating future conduct seeking to implement its aims. Not all acts related to the application of a treaty have effects on the international sphere, although those acts contributing to the development of a converging conduct are especially relevant. The interpretation originating from a dispute settlement procedure is an act arising from an entity other than the Parties and establishes an objective difference between interpretation and application. The analysis of a text is a complex task in which circumstances, concepts and principles converge.

Keywords: application of rules; dispute settlement procedure; multilateral treaties

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