Judicial Yuan

This chapter explains the meaning of object-and-purpose provided in VCLT Article 31.1. It also explains that the object-and-purpose can be identified from the preamble and from the text, and can even be inferred from the text. It further discusses the ways of considering the object-and-purpose of the interpreted treaty.

This chapter summarizes the arguments for a second round of codification of the treaty interpretation rules. It also drafts the codified rules to be added to the current text of customary international law for treaty interpretation in the VCLT. This chapter suggests 29 new paragraphs to be added to the VCLT and 2 amendments to be added to an existing paragraph and to modify an original paragraph.

This chapter explains that an interpreter could encounter the situation where two or more ordinary meanings need to be selected. In such case, the interpreter’s personal values could have a role to play. As a principle, he/she should select the ordinary meaning which is more in line with the object-and-purpose of the interpreted treaty in protecting fundamental human values, taking into consideration the context of protecting human values for the interpreted provision.