Difference and Deference in Treaty Interpretation
62 Pages Posted: 22 Jan 2007
Abstract
Instead of focusing on how to interpret treaties, the article examines the issue of who interprets treaties. Treaties are regularly interpreted by domestic courts and international courts, as well as by non-judicial government officials. Historically, in the United States, courts have deferred significantly to the views of the executive branch and almost not at all to the judgments of other tribunals, such as the International Court of Justice. I posit that because treaties are malleable instruments of both legal and diplomatic character, they are uniquely susceptible to diverse interpretations. As such, there is no particular reason for one interpreter to defer to the views of another. Still, I conclude that courts in the United States would do well to treat others' judgments with something more than indifference.
Keywords: treaty, interpretation, international law, executive, deference
JEL Classification: K33
Suggested Citation: Suggested Citation