Topic for this semester: "Treaty Interpretation 2.0"
Course outline
1. Why 2.0? (New situations and challenges for treaty interpretation)
2. Meaning and Boundary of Treaty Interpretation
3. Various Interpretation Activities of Adjudicative Functions (such as statutory interpretation, constitutional interpretation, contract interpretation, and treaty interpretation)
4. VCLT as Customary Rules for Treaty Interpretation
5. International Adjudicators as Treaty Interpreters Who are Bound by VCLT
6. Commercial Arbitral Tribunal and Domestic Court as Treaty Interpreters Whose Functions are of not Much Relevance to VCLT
7. Relations between Treaty Interpretation and Treaty Application
8. Difference between Treaty Interpretation and Finding/Assessment of Facts
9. Looking for Ordinary Meaning (Textualist)
10. Taking into Consideration of Object and Purpose (Teleological)
11. Taking into Consideration of the Context (Contextualist)
12. Hierarchy and Holistic Interpretation
13. Other Principles (such as Circumstances of conclusion, Preparatory works of a treaty, the principle of maximum effectiveness, exceptions to be interpreted narrowly…)
14. Time Factor, Technological Development and Treaty Interpretation
15. Introducing Fundamental Human Values into Treaty Interpretation
16. Coordination between Different Treaties through Treaty Interpretation
17. Features of Treaty Interpretation 2.0