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条约目的与宗旨的探寻,需借助条约的善意解释;条约善意履行的前提,是对条约的善意解释;因条约履行所产生的纷争的化解,仍需寻求对条约的善意解释。履行条约必须以善意解释条约为前提。因此,善意原则不仅在个案中通过对诸解释要素和方法的具有指导、限制和评价的价值,而且贯穿于条约订立、解释、履行等的全过程。可以说,善意原则既是条约解释诸要素和方法的灵魂,也是条约法的基础。然而,由于“善意”的含义高度抽象,且内容模糊主观,导致了善意原则同样具有模糊性与主观性的局限性。在条约解释中这种局限性表现得尤其突出和棘手。
The purpose and purpose of the treaty are to be explored through the treaty’s goodwill. The precondition of the treaty’s good faith fulfillment is the goodwill explanation of the treaty. The solution to the dispute arising from the fulfillment of the treaty still needs to find a goodwill explanation for the treaty. The fulfillment of the treaty must be based on the treaty of goodwill interpretation. Therefore, the principle of goodwill not only has the value of guidance, restriction and appraisal on the elements and methods of interpretation in individual cases, but also runs through the whole process of treaty establishment, interpretation and fulfillment. It can be said that the principle of goodwill is both the soul of the elements and methods of treaty interpretation and the foundation of the law of treaties. However, since the meaning of “goodwill ” is highly abstract and the content is fuzzy subjective, the principle of goodwill also has the ambiguity and subjectivity limitations. This limitation is particularly prominent and intractable in treaty interpretation.