The Approaches of National Courts to the Subsequent Practice in the Application of the Treaty as a Means of Treaty Interpretation

The practice of interpreting international legal norms by national courts plays a crucial role in ensuring the effective domestic application of international law. In light of the recent amendments to the Constitution of the Russian Federation, the importance of studying the treaty interpretation has gained new relevance. However, the question of how the subsequent practice of applying international treaties fits into this process remains understudied and requires further investigation. An in-depth analysis of this practice will help to identify challenges in implementing international treaties at the national level and suggest practical solutions to address them. This, in turn, will contribute to the more efficient development of various areas of interstate cooperation regulated by international agreements. The purpose of the article is to examine the approaches of national courts to subsequent practice as an authentic means of treaty interpretation. To achieve this goal, the following tasks are set: to study the interpretative practice of various national courts, to identify the main trends and problems in their use of subsequent practice in the process of treaty interpretation, as well as to formulate recommendations for a more reasonable application of this means of treaty interpretation by national courts. To accomplish these objectives, there have been employed general scientific methods such as systematic, formal-logical analysis, and synthesis, as well as special legal methods such as formal legal and comparative legal analysis. The results of the study demonstrate that there is a trend for national courts to broaden their understanding of the legal nature of the subsequent practice as an authentic means of treaty interpretation.