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Revista de Derecho
Print version ISSN 0121-8697On-line version ISSN 2145-9355
Abstract
TELLEZ-NUNEZ, ANDRÉS. International Treaties, Interpretation and Search of Meaning: A Supplementary Approach. Rev. Derecho [online]. 2020, n.54, pp.201-221. Epub June 22, 2021. ISSN 0121-8697. https://doi.org/10.14482/dere.54.341.2.
In the context of a research project focused on the study of the effectiveness of international law, the purpose of this article is to put forward a form of interpretation of treaties supplementing the one set forth in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (1969). In order to accomplish this goal, the article puts forward a working hypothesis that questions the strength of both contractualism and originalism to explain whether treaties are just or not, and, under the assumption that the realm of the law actually coincides with the realm of politics, states that the process of interpretation and construction of the international legal rule shall entail filling with meaning the definitions contained in the treaty (which are not static but rather dynamic) but as per the experience of the States and in accordance to principles laid out by natural reason. By resorting to a hermeneutical method, the author concludes that a new form of interpreting treaties can be proposed that is directly related to how the international norm is lived and that questions both contractualism and originalism as their ultimate foundation.
Keywords : Public International Law; International Economic Law; Treaties; Hermeneutics; Contrac-tualism; Originalism.