About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

33 Brit. Y.B. Int'l L. 203 (1957)
The Law and Procedure of the International Court of Justice 1951-4: Treaty Interpretation and Other Treaty Points

handle is hein.journals/byrint33 and id is 209 raw text is: THE LAW AND PROCEDURE OF THE INTERNATIONAL COURT OF JUSTICE 1951-4: TREATY INTERPRETATION AND OTHER TREATY POINTS By SIR GERALD FITZMAURICE, K.C.M.G., Q.C. Legal Adviser to the Foreign Office IN the article corresponding to the present one,, that appeared in volume 28 of this Year Book (hereinafter called the 1951 article), dealing with the findings and pronouncements on treaty law of the International Court of Justice, and of individual judges, in the decisions and opinions given during the period up to March 31st, 195 1, the arrangement adopted was to treat the subject in two main divisions: A, dealing with treaty interpretation; and B, dealing with substantive points of treaty law. Division A (interpretation) was itself subdivided into (A) major principles of interpretation; and (B) subsidiary interpretative findings. It is proposed to follow the same system for the 1951-4 period now under discussion. DIVISION A: TREATY INTERPRETATION On the subject of interpretation, the major principles that seemed to underlie the work of the Court in the period up to 1951, as these were described in the 1951 article, were those of I, Actuality (or textual inter- pretation); II, the principle of the Natural or Ordinary Meaning; and, subject to thcse two, the principles of III, Integration (or interpretation of the treaty as a whole); and IV, Effectiveness (ut res magis valeat quam pereat). To these were added V, the principle of Subsequent Practice, according to which the effect actually given to a treaty by the parties, and their conduct in relation to it, is valid evidence as to its true meaning. In the period 195 1-4, all these principles are reaffirmed or acted upon by the Court, or by individual judges, in such a way as to confirm their status as major principles of interpretation. In the light of certain other pronounce- ments, however, it is proposed to add to the five principles above mentioned a further one, namely VI, the principle of Contemporaneity, or the inter- pretation of texts and terms in the light of the meaning they possessed, or The present article is the fourth in the series comprising the second cycle (March 3 1st, 1951 - March 3 1st, 1954) of studies on the work of the International Court of Justice, considered from the standpoint of its interest for, and influence on, general legal theory and principle. The first three articles in this cycle on 'General Principles and Sources of Law'; 'Points of Substantive Law, Part I'; and 'Points of Substantive Law, Part II'; appeared in this Year Book, 30-3z (953-1955/6). A fifth article, completingthe period March 31st, 195 i-March 31st, 1954, is planned for 1958, after which the author hopes to publish both cycles in book form.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most