Treaty Interpretation in Indian Courts: Adherence, Coherence, and Convergence

Helmut Philipp Aust and Georg Nolte (eds.), Domestic Courts and the Interpretation of International Law: Converging Approaches? (Oxford University Press, 2015)

34 Pages Posted: 6 Mar 2015

See all articles by Vik Kanwar

Vik Kanwar

Boston College Law School

Date Written: January 1, 2015

Abstract

This book chapter surveys whether and how courts in India apply VCLT rules, particularly Articles 31-33, when they interpret treaties. It looks at both adherence to Vienna rules (either through nominal adherence or through the adoption of corresponding methods), as well as coherence of interpretive principles across different kinds of cases and tribunals. Insofar as India is not a signatory to the VCLT, the use of similar rules can be viewed as either application of customary international law, or the adoption of convenient guidelines. Within India, the VCLT is referred to most frequently in cases involving the interpretation of Double Taxation Avoidance Agreements (DTAAs), and it is asked whether this constitutes a specialized regime or whether these cases should be taken as an indication of a more general approach.

Keywords: India, International Law, Vienna Convention on the Law of Treaties, treaty interpretation, tax law, Indian Courts and International Law

Suggested Citation

Kanwar, Vik, Treaty Interpretation in Indian Courts: Adherence, Coherence, and Convergence (January 1, 2015). Helmut Philipp Aust and Georg Nolte (eds.), Domestic Courts and the Interpretation of International Law: Converging Approaches? (Oxford University Press, 2015), Available at SSRN: https://ssrn.com/abstract=2572432

Vik Kanwar (Contact Author)

Boston College Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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