Тлумачення міжнародних договорів: теоретичні засади та практичні виклики

This article examines the essence and significance of interpreting international treaties as a key factor in ensuring the effectiveness of international legal regulation. A proper understanding of a treaty’s content and objectives helps avert discrepancies in interpretation and thus prevents the emergence of conflicts between states. The complexity of this process lies in the need to adhere to universally accepted principles of international law, as well as in taking into account the specifics of various national legal systems that may interpret the same norms differently. Therefore, interpretation aims not only at a purely linguistic analysis of the text but also at ensuring the compatibility of its provisions with the domestic legal framework of each contracting party. The principles of interpretation, enshrined in the 1969 Vienna Convention on the Law of Treaties and rooted in international custom, offer a standardized understanding and proper application of treaty norms. Among the main tenets are aligning interpretation with the object and purpose of the treaty, acting in good faith, and considering the systematic interplay of the treaty’s provisions with other norms of international law. This approach is reinforced by the practice of the International Court of Justice, which consistently emphasizes that the correctness of interpretation shapes the outcomes of disputes between states and directly influences stability in international relations. Contemporary interpretive practice reflects a growing tendency toward an evolutionary approach, allowing legal provisions to adapt to social and political changes that arise after a treaty’s conclusion. On the one hand, this confers flexibility and aligns treaty provisions with modern realities; on the other, it can spur disagreements when states adhere to divergent methods in assessing new circumstances or attempt to expand (or limit) the scope of their treaty obligations. Disputes around environmental standards—for instance, regarding liability for environmental harm or the use of marine resources— highlight such tensions. At the same time, the principle of good faith, enshrined in international legal practice, requires states to seek mutual understanding based on the genuine intent of the parties and the functional objectives of treaty clauses. Although the resolution of international disputes often unfolds in the legal sphere, in certain instances participants engage supplementary mechanisms such as diplomatic or political consultations. This multifaceted approach helps maintain a balance between legal certainty and the inevitability of change, thereby fostering confidence in international law. Hence, the interpretation of international treaties is a process that precedes any application of legal norms and directly affects the implementation of fundamental principles of international law. Different understandings of treaty provisions frequently give rise to disputes; therefore, methodically sound and well-balanced application of interpretive principles is of particular importance. Future refinements in interpretive practices will promote better coherence between the norms of international and domestic law, enhancing both their effectiveness and equity.