The Law of Treaties with Special Focus on Evolutionary Interpretation of the Treaties

  • Nidhi Rajesh Doshi
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  • Nidhi Rajesh Doshi

    Student at NMIMS School of Law, Mumbai, India

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Abstract

The Vienna Convention on the Law of Treaties, 1969 is the primary source of treaties that dominates the international law regime. The parties to this treaty are bound by the principles laid down under this Convention when they enter into a treaty. The present paper tries to cover the major aspects of treaties in international law. The paper discusses the process and formalities that are needed to be fulfilled by the States to form and sign a treaty. The concept of reservations to treaties has been discussed comprehensively. The main focus of the paper is the evolutionary interpretation of treaties. The paper discusses several dimensions of evolutionary interpretation used by the international courts and such state members. Evolutionary interpretation is one of the main foundational aspects that the international law is built upon. It is very important for the States to be flexible with changing times. It is important to consider the retrospectivity of evolutionary interpretation of a treaty. The present paper discusses the same. The paper further observes how the modification of treaties is distinct from amendment and interpretation of a treaty. In the conclusion, the paper clarifies the position of evolutionary interpretation in international law.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 2596 - 2608

DOI: https://doij.org/10.10000/IJLMH.11741

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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