The influence of the powers of individual subjects of international law on the interpretation of international treaties

Authors

  • Andriy Albu

DOI:

https://doi.org/10.15330/apiclu.69.4.77-4.85

Keywords:

interpretation of an international treaty, jurisprudence of international treaty bodies, legal grounds for interpretation, factual grounds for interpretation, inherent powers, implied powers

Abstract

The article analyzes the powers of individual subjects of international law regarding the interpretation of international treaties and the formation of the practice of their own jurisprudence on monitoring compliance with international treaties.
Interpretation of international treaties is one of the complex areas in the theory and practice of international law. Clarifying the true content of the norms of an international treaty becomes more difficult the further away the need for interpretation of the treaty from the moment it enters into force. States do this to support the dynamics of international legal relations. To achieve the desired result, international institutional and legal technologies appear, such as the subjects’ own jurisprudence on monitoring compliance with multilateral international treaties. Immanent powers are inalienable, intrinsic rights and obligations of a body, organization or person that arise from their very nature, functions or purpose of creation, even if they are not expressly stated in the constituent documents. Otherwise, the international body tries not to go beyond the limits of the treaty norm, in which case we speak of implied powers. Implied powers are additional rights of international organizations or bodies that are not expressly stated in the statutory documents, but are necessary for the performance of basic functions and achievement of goals.
Based on the research conducted, conclusions were drawn regarding the solution of the problems of implementing the powers of treaty bodies and the influence of jurisprudence on their interpretation of international treaties, which should take place in the context of studying the implied or immanent powers of these bodies themselves.

Published

2025-12-01

Issue

Section

Theoretical, comparative, historical principles of legal regulation