Textualism as a Touchstone for Privately-Focused Treaty Interpretation
Christopher R. Minelli
University of Illinois College of Law
August 20, 2007
Curtis J. Mahoney argues in his Note, Treaties as Contracts: Textualism, Contract Theory, and the Interpretation of Treaties, that courts should apply interpretive techniques to treaties similar to relational contracts because of historical and normative reasons. I argue that the viewpoint on which he bases his argument is flawed; instead, cannons of treaty interpretation should be founded on the principle that most adjudications involving treaties treat them as another source of federal law instead of contracts between arms-length parties.
Number of Pages in PDF File: 6
Keywords: Treaty, Interpretation, Textualism, Construction, Contract, International, Law, Minelliworking papers series
Date posted: August 21, 2007 ; Last revised: January 24, 2008
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