Examples of using Dynamic interpretation in English and their translations into Arabic
{-}
-
Colloquial
-
Political
-
Ecclesiastic
-
Ecclesiastic
-
Computer
Dynamic interpretation was a process of dialogue.
CHILE stressed the need to create development opportunities for all and encouraged a dynamic interpretation of the CBDR principle.
While the Committee did not favour reservations, dynamic interpretations of treaties might create pressures for a dynamic doctrine of reservations.
Many of those delegations expressed primary support in principle for the compromise as set out in paragraph 17 above, which did not provide for thepossibility of application of the rules on transparency pursuant to a dynamic interpretation of a treaty by the arbitral tribunal.
It was also said that dynamic interpretation was well recognized under public international law and the example of the jurisprudence of the International Court of Justice relating to the Continental Shelf was given.
International human rights monitoring bodies and domestic courts, however,developed and effectively apply a dynamic interpretation of the provisions of human rights treaty law.
Those delegations felt that that would avoid that, through dynamic interpretation, the rules on transparency be made applicable to existing investment treaties without express consent of the Parties to the treaty.
Several delegations emphasized the role of subsequent agreements and practice in the interpretation of treaties,so as to ensure a dynamic interpretation that would take into account changing circumstances and new developments.
It was further said that allowing such dynamic interpretation was a policy decision and that it would be regrettable not to allow such dynamic interpretation, which would best further the mandate of the Working Group.
Views were expressed that delegations should not beforced to accept transparency rules either via a dynamic interpretation or otherwise, but that consent should always be clearly given.
The Tunisian leaders adopted a dynamic interpretation of Islam, and since 1956, Tunisian legislation had gradually been establishing the conditions necessary for women ' s equal status in the political, economic and social life.
It was also noted that some delegations had expressed the concern that itmight be difficult to exclude the possibility of any dynamic interpretation(as was sought to be done) if the transparency rules were presented as an appendix to the UNCITRAL Arbitration Rules.
Other views were expressed that where dynamic interpretation of treaties was recognized and even accepted as standard practice, States should not be deprived of that interpretation, especially as it might have the effect of facilitating the objectives of transparency.
It was also said that that proposal clarified that an arbitral tribunalwould have the discretion to accept submissions that such a dynamic interpretation was appropriate, but that the rules on transparency would not automatically apply where such wording existed.
A few delegations reiterated that dynamic interpretation was legally possible and that they were not ready to accept a" blanket prohibition" that would preclude the effective implementation of provisions in investment treaties that envisaged the Parties benefiting from the most up-to-date provisions of the UNCITRAL Arbitration Rules in arbitrations under those treaties, which in that case would be the rules on transparency.
It was noted that some delegations had indicated that it might be possible to find wording which wouldgive those States that wished to exclude any possibility of dynamic interpretation of their treaties certainty in that respect, while preserving the possibility of such dynamic interpretation for other States.
With respect to the revised proposal, it was observed that paragraph(1)did not exclude a dynamic interpretation of a reference to the UNCITRAL Arbitration Rules in existing investment treaties, as it only referred to the agreement of the parties to apply the rules on transparency.
(15) One last indication demonstrates the substantive interdependence between the reservation and the treaty to which it relates: the International Court of Justice has, on occasion,applied the principle of dynamic interpretation to the terms of the reservation, on the same grounds as to the terms of the treaty itself.
It was said, however, that the second paragraph of the revisedproposal might be seen as ruling such dynamic interpretation out by excluding the application of the rules on transparency in case reference was made to a particular version of the UNCITRAL Arbitration Rules that did not include the rules on transparency.
For existing investment treaties, the rules on transparency would only apply where the parties had expressly consented thereto,with wording being used to make it clear that there could be no dynamic interpretation of existing investment treaties which would make the transparency rules applicable to them.
Consequently, the European Court of Human Rights, in the landmark judgement of Tyrer v. UK,decided in 1978 by a dynamic interpretation of article 3 of the European Convention on Human Rights that birching of a juvenile, a traditional punishment on the Isle of Man, was no longer compatible with a modern understanding of human rights in Europe.
It was clarified that it would be open to those delegations, who would find it difficult to agree with the proposal articulated above in paragraph 54 and still wished to propose another solution(whether in favour of an opt-in orin favour of a dynamic interpretation), to do so at the next session of the Working Group on the basis of the proposals in paragraph 8 of document A/CN.9/WG. II/WP.169.
It was noted that the positions on that matter, which were polarized on(i) whether an opt-in or opt-out approach was preferable and(ii)whether the possibility of dynamic interpretation for existing treaties should be left open, had evolved towards a compromise, whereby delegations with a strong view contrary to the majority view would make concessions in return for obtaining their preferred solution on other issues.
If the predictability of what a State was undertaking, on becoming party to a treaty and expressing a reservation,were to be too severely eroded through dynamic interpretation of the treaty and thus of the State ' s reservations, it would be hard to persuade parliaments to agree to join treaty regimes.
Although the systematic interpretation of international human rights treaties has to date prevented regional anduniversal treaty monitoring bodies from applying the same dynamic interpretation of the right to personal integrity and human dignity to the death penalty, this legal reasoning is increasingly being challenged by obvious inconsistencies deriving from the distinction between corporal and capital punishment and by the universal trend towards the abolition of capital punishment.
He concludes that the historic interpretation of the right to personal integrity and human dignity in relation to thedeath penalty is increasingly challenged by the dynamic interpretation of this right in relation to corporal punishment and the inconsistencies deriving from the distinction between corporal and capital punishment, as well as by the universal trend towards the abolition of capital punishment.
Diverging views were expressed, that fell into three categories: those in favour of including a provision to the effect that the transparency ruleswould not apply to existing treaties by a dynamic interpretation of those investment treaties; those expressing preference for permitting application of the rules on transparency to existing investment treaties, where so permitted, by a dynamic interpretation of the investment treaties; and lastly, those in support of not providing any rules on that matter.
Human rights treaty texts appear to be dynamic documents whose interpretation evolves over time.
On occasion the InternationalTribunal has shown its readiness to employ a dynamic and evolutive approach to interpretation.