Claims with an Ulterior Purpose: Characterising Disputes Concerning the “Interpretation or Application” of a Treaty
Journal: The Law and Practice of International Courts and Tribunals
Year: 2020

Abstract This article considers the approach for determining whether a dispute concerns the “interpretation or application” of a particular treaty, such that it is within the subject-matter jurisdiction of an international court or tribunal. Specifically, the article considers what approach should be taken when claims are presented as concerning the “interpretation or application” of a particular treaty, but involve central issues under rules of international law found outside the treaty in ques