The many lives of effet utile in treaty interpretation

This article studies the many ways in which the principle of effectiveness in treaty interpretation has been applied in international dispute settlement. It argues that the different versions of effet utile may be categorised according to: a) the object and purpose that the interpreter attempts to fulfil (i.e., that of a treaty as a whole or that of specific components within it); b) the yardstick for assessing the effectiveness (i.e., a ‘narrow’ approach that would solely prevent that a treaty or its provisions are completely deprived of meaning, or a ‘broader’ one that aims towards the maximisation of its effects) and c) the relevance of the specific facts assessed by the court or tribunal to ascertain the general meaning of treaty provisions.