Interpretation is a Science, is an Art, is a Science

One of the most cited quotes on interpretation comes from Lord McNair: “[t]here is no part of the law of treaties which the text-writer approaches with more trepidation than the question of interpretation”. However, it is not just the text-writers that approach interpretation with trepidation. From the very start, lives of peoples and entire empires hanged on the balance of interpreting a single statement, an oracle or even a treaty.

Interpretation has come a long way, since those first examples of the Classical Antiquity. Within the framework of the international legal system, principles of interpretation were gradually formulated, a process that culminated in the general acknowledgement of certain customary principles of interpretation, and their eventual reflection in Articles 31-33 of the VCLT.

However, treaty interpretation has never been able to shake off one of the most famous aphorisms regarding its role, i.e. that “interpretation is an art not a science”. The aim of the present Chapter is to examine whether this aphorism holds today any water from a linguistic, legal and scientific point of view and to dispel any misconceptions with respect to the interpretative process and its true nature.