Abstract (eng)
The paper examines evolutionary interpretation as a phenomenon in the practice of the ICJ, the ECtHR and the GATT/WTO Dispute Settlement Bodies. Through analyzing a selection of cases from each institution, the author looks at how evolutionary interpretation has developed as a concept in the practice of these three institutions, and what the current state of the law is as regards evolutionary interpretation. The practice of the different institutions is looked at both individually and in comparison with each other, in order to discern differences in evolutionary interpretation which might be explained either through the particularities of each institution, or through other relevant factors. Furthermore, lines are drawn to theory on evolutionary interpretation and on treaty interpretation more generally, with a particular focus on the Vienna Convention on the Law of Treaties. In addition to case law, the author looks to different scholarly literature and other relevant material as sources.
The argument is made in the paper that most, if not all, of the evolutionary interpretation examined in the paper could be tied to the Vienna Convention on the Law of Treaties as a basis for interpretation, and that doing so to a larger extent than today would carry certain advantages. An important thesis in the paper is that the ICJ, the ECtHR and the GATT/WTO have gone a long way in terms of evolutionary interpretation. In addition to examining whether this is true, the paper also looks at nuances to this description. The intention of the contracting parties is highlighted in the paper as the ultimate goal of treaty interpretation, and emphasis is placed on the role the intention of the parties has played as a factor in the development of evolutionary interpretation. Furthermore, the paper addresses both positive aspects to evolutionary interpretation, and potential challenges connected to its development as a concept in international law. The potential of evolutionary interpretation as a viable interpretive option for the future is also considered.