Subjects of interpretation: legal aspect

Abstract

The article examines the category of interpretation, its main types and subjects of their implementation. Interpretation of an international treaty is the clarification and explanation of the true essence of the treaty (its content) in order to ensure its most correct application, and therefore implementation.
International treaties can be interpreted by a wide range of entities. The main criterion by which entities are divided is their legal status and the legal force of the acts they issue. Accordingly, entities that carry out official and unofficial interpretation are distinguished. Official is divided into legal and judicial. Legal interpretation is carried out by the entity that issued or adopted such a norm or by a body authorized to interpret such a norm that it did not issue. This interpretation is also called authentic interpretation and is based on the consent of the parties to the treaty, and also makes changes to the international treaty.
Other subjects of interpretation include national and international courts and arbitrations. International judicial institutions include the Court of Justice of the European Union, the European Court of Human Rights, and the International Court of Justice of the United Nations, whose decisions are binding on the parties to the dispute in a particular case. A feature of such subjects is that they operate within a specific region.
Separately, we can single out such a subject of interpretation as international organizations and non-judicial bodies. They interpret, as a rule, that part of the treaty that falls within their sphere of authority and competence. The advantages of such organizations are practical experience in certain areas of legal relations and a high professional level, but the disadvantages include the lack of proper legal justification.
A special subject of interpretation are legal scholars who carry out such interpretation at the doctrinal level. The result of the activity of this subject belongs to the unofficial and does not have legal force, but has a significant impact on law-making and law enforcement activities. The authority, level of professionalism and awareness of scientists have a great influence on the trust in such scientific interpretation and cause such conclusions to become the basis for official. Based on the conducted research, conclusions were drawn on the issue of analyzing the category of interpretation.