Evolutionary Interpretation and the Intention of the Parties

111 Pages Posted: 11 Oct 2012 Last revised: 17 Oct 2012

See all articles by Eirik Bjorge

Eirik Bjorge

University of Oxford - Corpus Christi College; University of Oslo

Date Written: October 10, 2012

Abstract

While many authors have seen, and continue to see, evolutionary treaty interpretation as something that by definition goes against the grain of the intentions of the parties to the treaty, this working paper puts the opposite point of view. It is argued that evolutionary interpretation, whether conducted by the European Court of Human Rights or by the International Court of Justice, is nothing if not built upon the common will of the parties. Evolutionary interpretation, in itself nothing else than the name we have given to a particular type of interpretive result, must in common with all other interpretive results in the law of treaties be the outcome of a process aimed at establishing as fully an fairly the intention of the parties to the treaty.

Suggested Citation

Bjorge, Eirik, Evolutionary Interpretation and the Intention of the Parties (October 10, 2012). University of Oslo Faculty of Law Research Paper No. 2012-33. Available at SSRN: https://ssrn.com/abstract=2159657

Eirik Bjorge (Contact Author)

University of Oxford - Corpus Christi College ( email )

Merton Street
Oxford, OX1 4JF
United Kingdom

University of Oslo ( email )

PO Box 6706 St Olavs plass
Oslo, N-0317
Norway

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