Research On The Development And Application Of Evolutionary Interpretation Of International Treaties

Evolutionary interpretation means that the treaty needs to be interpreted in accordance with the current international situation when the connotation of the treaty at the time of its conclusion can no longer adapt to the current international background after the passage of time and major changes in the international social background such as politics,economy and science and technology.In many judgments of dispute settlement bodies such as the International Court of Justice,WTO and European Court of Human Rights,treaty interpretation takes into account the contemporary international development background,so evolutionary interpretation has become a new trend of treaty interpretation.However,evolutionary interpretation has not formed definite applicable rules,lacks mandatory norms,often ignores the true intention of the Contracting parties,resulting in insufficient reasons for judicial judgment.Therefore,there is no lack of voices criticizing evolutionary interpretation in the international community,and evolutionary interpretation is highly controversial.To resolve the international community concern about evolutionary explanation,requires from the origin of evolution to explain the application condition of limiting its use scope,only clear the treaty evolution interpretation,the circumstances under which needs to be done to ensure that the treaty on the premise of to adapt to the current international situation,not against the aim of the purpose and intention of the parties contracting and treaty,maintain the balance of the treaty between the flexibility and stability,In order to ensure that the treaty continues to play a role in regulating the rights and obligations of the subject of international law.This paper is divided into four parts.The first part is the introduction of the basic content of "evolutionary interpretation",including the concept and development process of evolutionary interpretation,the legal basis and value of evolutionary interpretation.The second part will discuss the relevant issues of the application of evolutionary interpretation,mainly by analyzing the judicial cases of the application of evolutionary interpretation in the International Court of Justice,WTO and the European Court of Human Rights,summarize the conditions of the application of evolutionary interpretation;The third part will reveal the problems existing in the application of evolutionary interpretation,mainly based on the case analysis in the second part,focusing on the application conditions of evolutionary interpretation;In the fourth part,some suggestions are put forward to improve the application path of evolutionary interpretation.