The thesis is devoted to treaty interpretation by international judges. The subject has already been studied in depth by international law’s scholars: this work is an attempt of analysis from the philosophy of law’s perspective. In particular, the thesis focuses on three main topics: the first chapter is devoted to the concept of “international treaty”, the second chapter is devoted to the question if interpretation is an art or a science and the third chapter concerns the possibility to interpret a treaty using domestic rules of interpretation. These topics allow the author to highlight three different issues: 1) the relationship between international law system and national law systems; 2) the problems related to interpretation of multilingual texts; 3) the problems related to multicultural comunication. One of the main topic discussed in this work, the more relevant for philosophy of law, concerns the role of article 33 of Vienna Convention on multilingual texts: differently from what international law scholars think, this article, according to the author, is the most important rule of treaty interpretation. The reason is that the interpreter is obliged to manage/face with languages wich are different from his own native language: in this sense, from the interpretation of a treaty a lot of problems due to linguistic and cultural differences could rise.
'L'INTERPRETAZIONE GIUDIZIALE DEI TRATTATI INTERNAZIONALI' / E. Colzani ; TUTORS: F. POGGI; A. ROSSETTI; COORDINATORE DEL DOTTORATO: C. LUZZATI. UNIVERSITA' DEGLI STUDI DI MILANO, 2014 Feb 07. 25. ciclo, Anno Accademico 2012. [10.13130/colzani-edoardo_phd2014-02-07].
'L'INTERPRETAZIONE GIUDIZIALE DEI TRATTATI INTERNAZIONALI'
E. Colzani
2014
Abstract
The thesis is devoted to treaty interpretation by international judges. The subject has already been studied in depth by international law’s scholars: this work is an attempt of analysis from the philosophy of law’s perspective. In particular, the thesis focuses on three main topics: the first chapter is devoted to the concept of “international treaty”, the second chapter is devoted to the question if interpretation is an art or a science and the third chapter concerns the possibility to interpret a treaty using domestic rules of interpretation. These topics allow the author to highlight three different issues: 1) the relationship between international law system and national law systems; 2) the problems related to interpretation of multilingual texts; 3) the problems related to multicultural comunication. One of the main topic discussed in this work, the more relevant for philosophy of law, concerns the role of article 33 of Vienna Convention on multilingual texts: differently from what international law scholars think, this article, according to the author, is the most important rule of treaty interpretation. The reason is that the interpreter is obliged to manage/face with languages wich are different from his own native language: in this sense, from the interpretation of a treaty a lot of problems due to linguistic and cultural differences could rise.File | Dimensione | Formato | |
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