| The integrity principle is a basic principle in treaty interpretation.According to the 1969 Vienna Convention on the Law of Treaties,it refers to the requirement that in order to clarify the meanings of treaty provisions,interpretation must be based on the systermatic integrity of treaties.Correctly understanding this principle is full of academic value and practical significance in treaty interpretation,the application of treaties and even in promoting the ordering of the systerm of the international law.This paper will conduct systematic study on the integrity principle through ways of legal theory research,text interpretation and case analysis.Apart from the introduction and conclusion,this paper will illustrate from three aspects:the connotation,justification and application of integrity principle.The first part provides a preliminary analysis on the concept and function of integrity principle in treaty interpretation.It starts with collation of treaty interpretation theories and schools since the classic period and explores theory origin of the integrity principle.Next,this part discusses the connotation of integrity principle.At last,this part illustrates the functions of integrity principle in treaty interpretation.The second part will explain the basis of integrity principle from two aspects:theory and law.In terms of theory,the paper will justify integrity principle from three aspects of theories:Von Bertalanffy’ s General System Theory,Dworkin’s law integrity theory and Luhmann’s law system theory.In terms of law,the paper mainly studies legal rules of terms and conditions under Article 31 of Vienna Convention on the Law of Treaties to illustrate the legal basis of integrity principle.The third part would focus on the application of the integrity principle in treaty interpretation.According to Article 31 of the 1969 Vienna Convention on the Law of Treaties,the paper discusses how the materials practice the integrity principle which including context,object and purpose,subsequent agreements,subsequent practice and any relevent rules of international law. |
