论条约演进解释的适用完善

On the Perfection of the Application of Evolutionary Interpretation of Treaties

摘要: 鉴于条约约文固有的不周延性和抽象性，演进解释在国际条约的理解与适用中的作用愈发重要。目前演进解释的适用越来越广泛，但其在适用过程中也日益凸显出诸多问题，如演进解释的自身性质及适用规则不明确，忽略缔约国的真实意图，以及司法机构自由裁量权过大等。因此，随着时间的流逝与发展，应当对演进解释进行重新审视并对其适用予以必要限制，从而最大化的平衡条约的稳定性与变动性。

Abstract: The role of evolutionary interpretation in the understanding and application of international treaties has become increasingly important because of the inherent incomplete and abstract nature of treaty texts. At present, the application of evolutionary interpretation has become more and more extensive, but many problems have been increasingly highlighted in the process of its application, such as the unclear nature of evolutionary interpretation and the rules of its application, ignoring the real intention of the parties, and the excessive discretion of the judiciary, and so on. Therefore, with the passage of time and development, the evolutionary interpretation should be reexamined and its application should be restricted as necessary, in order to maximize the balance between the stability and variability of the treaty.