Inside the treaty interpreter’s mind: An experimental linguistic approach to international law

Abstract One particularly intense critical debate over interpretation in international law concerns the role of moral factors – specifically, degree to which such influence legal interpretation, and how should deal with them. A formalist approach argues that considerations be excluded as non-legal; a studies suggests they are an inevitable part functioning must therefore acknowledged; inclusivist would suggest their is permissible, albeit only under certain circumstances. In this article, we concerned question whether at all, taking treaties object study. To address question, take novel approach, proposing experimental linguistic framework test categorizations (originally developed for analysis everyday language) can successfully applied treaty relying on both laypersons experts participants. Although some caveats made, experiments deliver clear results: groups influenced by morals norms. On basis, draw conclusions regarding (i) process operates; (ii) what institutions managing process, courts, factor-in when deliberating decisions. By adopting perspective, also contribute approaches methodological level.