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条约是缔约国在谈判过程中相互妥协并用以广泛调解分歧的产物,参加缔约的国家愈多,条约起草过程中所要满足各方利益的需求也就愈大,这给条约起草带来很大的灵活性,虽然在这一过程中,缔约各方都努力使条约的内容明确清楚,但是出现意思模糊的语句或是产生歧义的措辞是在所难免的,这样就产生了对条约进行解释的必要,从实践看,提交国际司法的许多案件都与条约的解释有关。因此,在国际法领域,条约解释不仅为法律实践部门所重视,而且也成为学者们广泛关注的学术议题之一,并形成了各种学说来解释条约的解释。
Treaties are the product of mutual compromises and extensive mediation differences between the parties in the negotiation process. The more countries participating in the treaty, the greater the need to meet the interests of all parties during the drafting of the treaty, which brings great flexibility to drafting the treaty Although in this process all parties try their best to clarify the content of the treaty, it is inevitable that ambiguous sentences or ambiguous wordings will inevitably result in the necessity of interpreting the treaty, In practice, many cases submitted to international justice are related to treaty interpretation. Therefore, in the field of international law, the interpretation of treaties not only pays attention to the practice of law, but also becomes one of the academic topics that scholars pay close attention to widely and has formed various theories to explain the interpretation of treaties.