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11 - Text, Author, and Interpretive Control

Published online by Cambridge University Press:  07 March 2024

Andrea Bianchi
Affiliation:
Graduate Institute of International and Development Studies, Geneva
Fuad Zarbiyev
Affiliation:
Graduate Institute of International and Development Studies, Geneva
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Summary

Authors are commonly thought to have a privileged position when it comes to the interpretation of their texts. Since treaties are consensual instruments, it is not surprising that the parties have a say in the interpretation of their treaties. At the same time, treaties cannot escape what is the fate of every text: the possibility to read a text in the absence of its author is structurally inscribed in it. This chapter examines the ways in which the parties can influence treaty interpretation in various phases of the life of the treaties. It also accounts for the diminishing state authority in the modern practice of treaty interpretation.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • Text, Author, and Interpretive Control
  • Andrea Bianchi, Graduate Institute of International and Development Studies, Geneva, Fuad Zarbiyev, Graduate Institute of International and Development Studies, Geneva
  • Book: Demystifying Treaty Interpretation
  • Online publication: 07 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108769730.012
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  • Text, Author, and Interpretive Control
  • Andrea Bianchi, Graduate Institute of International and Development Studies, Geneva, Fuad Zarbiyev, Graduate Institute of International and Development Studies, Geneva
  • Book: Demystifying Treaty Interpretation
  • Online publication: 07 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108769730.012
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Text, Author, and Interpretive Control
  • Andrea Bianchi, Graduate Institute of International and Development Studies, Geneva, Fuad Zarbiyev, Graduate Institute of International and Development Studies, Geneva
  • Book: Demystifying Treaty Interpretation
  • Online publication: 07 March 2024
  • Chapter DOI: https://doi.org/10.1017/9781108769730.012
Available formats
×