NATIONAL JUDGE'S INTERPRETATION OF INTERNATIONAL TREATIES

Abstract

National judges find themselves facing a difficult task in determining the scope of the treaty and the boundaries within which it must be applied. It is the interpretation stage which is crucial in the application of international treaties in national courts .Interpretation is a mental process undertaken by judges aiming to clarify the meaning of a text and define its scope. By its very nature, it is an explanatory process that explores what was, without reviewing it. It stops at its limits, without adding any meaning to it.

   It is self-evident that the application of any legal text is linked to its interpretation. Interpretation problems only arise in connection with its application. If the facts are the basis for the text, then its meaning is the responsive one. Interpretation of the text is the initial logical premise for its application .Interpretation is present everywhere in international legal practice and in international legal doctrine. All arguments and disagreements regarding certain rules of international law have a posterior interpretation.

  The methodology chosen for this work primarily involves the analytical approach to analyze constitutional principles, and the comparative approach to compare national and foreign constitutional principles. The study of legal jurisprudence will be the subject of the article.