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Treaties as Contracts: Textualism, Contract Theory, and the Interpretation of Treaties |
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Curtis J. Mahoney [View as PDF]
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116 Yale L.J. 824 (2007)
With the nation's treaty obligations proliferating and foreign affairs cases taking up a growing share of the Supreme Court's docket, it is surprising how undertheorized the field of treaty interpretation remains. To fill this void, some have suggested that textualism, which has had a major impact on statutory interpretation over the past two decades, should be applied to treaty interpretation. This Note rebuts that notion and suggests instead that courts draw from modern contract theory in developing canons of treaty interpretation.
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