Claims with an Ulterior Purpose: Characterising Disputes Concerning the “Interpretation or Application” of a Treaty

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 question. The specific argument made in this article is that the approach used in some recent decisions, involving characterising where the “relative weight” of a dispute lies and the “true object” of claims, should not be followed.