条约的目的解释方法的研究
发布时间：2018-08-01 12:58
【摘要】：在全球一体化的当今社会,经济迅速发展,国际社会将追求国际法治作为发展国际法的一个重要目标。有关条约的解释也就变得十分重要了,这篇文章是通过把目的解释方法以及相关作为主线,并且结合其他解释方法作为补充的格局进行条约目的解释的研究。本文是通过四个方面进行目的解释方法的框架构建：第一,条约的目的和目的解释。首先对条约的目的这一概念进行介绍,其次说明在缔结条约时确立缔结目的需要注意的问题,从而进行条约目的解释的有关阐述。条约的目的解释是关于条约的目标和主旨的解释,属于条约适当性的保障。第二,条约目的解释的关键性以及相关。这部分是介绍了条约解释中文本解释的局限性、条约目的解释方法的法律依据和目的解释方法在条约解释中的地位。虽然文本解释是条约解释常用的解释方法,但是也是具有一定的局限性,目的解释等解释方法能很好地弥补其缺陷。目的解释是以《维也纳条约法公约》作为基础的法律依据的,并且以此发散出其他依据。作为一种动态的解释方法,目的解释在条约解释中的作用越来越被强化,可以在进行条约解释的时候补充文本解释,也可以界定系统解释的上下文范围,还可以协助澄清不同的协定所产生的相异关系。第三,目的解释在实践中的表现。目的解释不仅在一般的国际法实践中有重要作用,在解决世贸争端中也是十分重要的。本文从两个方面进行介绍：1、实体层面的应用。2、程序层面的应用。第四,目的解释的规范化。目的解释方法虽然是一个重要的条约解释力法,具有较大的自由裁量权,同时文本解释等解释方法的局限性又为目的解释方法的应用创造了条件,但是在实践中具体的条约条款中也有广泛适用目的解释方法行不通的情况,如果一味地盲目使用可能会出现条约解释的“副作用”,所以对其进行规范化矫正就变得十分重要了。矫正方式主要为：1、控制司法能动主义的使用,坚持目的解释方法和文本解释方法之间的均衡。2、避免过分依赖目的解释方式。3、避免极度的目的解释诠释。 综上本文是希望通过对目的解释方法的探究,更清楚地了解目的解释方法在整个条约解释实践中的重要存在意义,从而使它发挥更长远的作用。
[Abstract]:With the rapid development of global economy, international society regards the pursuit of international rule of law as an important goal in the development of international law. The interpretation of the treaty becomes very important. This article studies the interpretation of the purpose of the treaty by taking the Skopos interpretation method and the correlation as the main line, and combining the other interpretation methods as the supplementary pattern. This paper constructs the framework of the purpose interpretation method in four aspects: first, the purpose and purpose interpretation of the treaty. This paper first introduces the concept of the purpose of the treaty, and then explains the problems that need to be paid attention to when establishing the purpose of the conclusion of the treaty, so as to make the relevant exposition of the interpretation of the purpose of the treaty. The purpose interpretation of a treaty is the interpretation of the object and purpose of the treaty and is a guarantee of its appropriateness. Second, the key and relevance of the interpretation of the purpose of the treaty. This part introduces the limitation of the interpretation of the Chinese text of the treaty interpretation, the legal basis of the interpretation method of the purpose of the treaty and the position of the method of interpretation of the purpose in the interpretation of the treaty. Although text interpretation is a common interpretation method of treaty interpretation, it also has some limitations. The purpose of interpretation is based on the Vienna Convention on the Law of treaties. As a dynamic method of interpretation, the role of purpose interpretation in treaty interpretation is becoming more and more intensive, which can be supplemented by textual interpretation in the interpretation of treaties, and the context of systematic interpretation can also be defined. It can also help to clarify differences arising from different agreements. Third, the purpose explains the performance in practice. Objective interpretation plays an important role not only in the practice of international law, but also in the settlement of WTO disputes. This paper introduces two aspects: the application of: 1, the application of entity level, the application of program level. Fourth, the standardization of purpose interpretation. Although the method of purpose interpretation is an important method of treaty interpretation, it has great discretion. At the same time, the limitation of interpretation methods, such as text interpretation, creates conditions for the application of the method of purpose interpretation. However, in practice, there are also cases in which the method of purpose interpretation is not widely applicable in specific treaty clauses. If blindly used blindly, there may be "side effects" of treaty interpretation. So it is very important to normalize the correction. The correction is mainly in the form of "1: 1", which controls the use of judicial activism, insists on the balance between the purpose interpretation method and the text interpretation method, avoids relying too much on the purpose interpretation mode .3and avoids the extreme teleological interpretation. The purpose of this paper is to understand clearly the significance of the purpose interpretation method in the whole treaty interpretation practice, so as to make it play a more long-term role.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D993.8
本文编号：2157654
[Abstract]:With the rapid development of global economy, international society regards the pursuit of international rule of law as an important goal in the development of international law. The interpretation of the treaty becomes very important. This article studies the interpretation of the purpose of the treaty by taking the Skopos interpretation method and the correlation as the main line, and combining the other interpretation methods as the supplementary pattern. This paper constructs the framework of the purpose interpretation method in four aspects: first, the purpose and purpose interpretation of the treaty. This paper first introduces the concept of the purpose of the treaty, and then explains the problems that need to be paid attention to when establishing the purpose of the conclusion of the treaty, so as to make the relevant exposition of the interpretation of the purpose of the treaty. The purpose interpretation of a treaty is the interpretation of the object and purpose of the treaty and is a guarantee of its appropriateness. Second, the key and relevance of the interpretation of the purpose of the treaty. This part introduces the limitation of the interpretation of the Chinese text of the treaty interpretation, the legal basis of the interpretation method of the purpose of the treaty and the position of the method of interpretation of the purpose in the interpretation of the treaty. Although text interpretation is a common interpretation method of treaty interpretation, it also has some limitations. The purpose of interpretation is based on the Vienna Convention on the Law of treaties. As a dynamic method of interpretation, the role of purpose interpretation in treaty interpretation is becoming more and more intensive, which can be supplemented by textual interpretation in the interpretation of treaties, and the context of systematic interpretation can also be defined. It can also help to clarify differences arising from different agreements. Third, the purpose explains the performance in practice. Objective interpretation plays an important role not only in the practice of international law, but also in the settlement of WTO disputes. This paper introduces two aspects: the application of: 1, the application of entity level, the application of program level. Fourth, the standardization of purpose interpretation. Although the method of purpose interpretation is an important method of treaty interpretation, it has great discretion. At the same time, the limitation of interpretation methods, such as text interpretation, creates conditions for the application of the method of purpose interpretation. However, in practice, there are also cases in which the method of purpose interpretation is not widely applicable in specific treaty clauses. If blindly used blindly, there may be "side effects" of treaty interpretation. So it is very important to normalize the correction. The correction is mainly in the form of "1: 1", which controls the use of judicial activism, insists on the balance between the purpose interpretation method and the text interpretation method, avoids relying too much on the purpose interpretation mode .3and avoids the extreme teleological interpretation. The purpose of this paper is to understand clearly the significance of the purpose interpretation method in the whole treaty interpretation practice, so as to make it play a more long-term role.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D993.8
【参考文献】
相关期刊论文 前1条
1 赵维田;WTO案例研究:1998年海龟案[J];环球法津评论;2001年02期
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