Abstract:According to recent academic studies and legal practices, there remain many disagreements about whether international law is systemic and hierarchical and the meaning and the role of Art.313(c) of the Vienna Convention on the Law of Treaties. Due to the coexistence of its systemization, fragmentation, openness and self-containedness, current international law is an incomplete and developing system based on common values and initial hierarchy. Fragmentation jeopardizes its systematicity. The causes are complicated, including the limits of international law, the absence of lawmakers, and the evolution of international relations. This paper analyzes the function of integration and development of Art.313(c) of the Vienna Convention on the Law of Treaties. From the perspective of maintaining the international law system, Art.313(c) is an effective method to reduce fragmentation; but it also has limits: it is quite solid that the current international law system is determined by the power system of the international community.
冯寿波. 论条约解释中的国际法体系之维护[J]. 太平洋学报, 2015, 23(2): 1-.
FENG Shoubo. On Maintaining the International Law System in Interpretation of Treaties. , 2015, 23(2): 1-.