Abstract:To identify and use the multilingual texts, especially the authentic Chinese texts, of international treaties in the correct ways is crucial for China to promote the foreign-related rule of law and the international rule of law. Most treaties specify their authentic texts in their final clauses or testimonium, from which the existence of an authentic Chinese text can be determined. Only authenticated Chinese texts are definitive and authentic and therefore have authoritative status, which other translated Chinese versions cannot contravene. When using the Chinese texts, what must be avoided is to treat the authentic Chinese text of a treaty as a “translation” of a text in another language, especially in English, and once any divergences are found between a Chinese text and an English text, to regard the latter as prevailing and dominating. The legal validity of all equally authentic texts is completely identical and equal, without distinction of right or wrong, superior or inferior. The mere fact that a treaty is originally drafted in a certain language shall not be the reason to grant the text in that language a prevailing status. Any existing problems of authentic Chinese texts shall be addressed in accordance with the relevant rules established by the Vienna Convention on the Law of Treaties. In the work of international law and the foreign-related rule of law in China, the proper use of Chinese texts of treaties should be taken seriously.

Keywords: Vienna Convention on the Law of Treaties; Authentic Text; Chinese Text; Equally Authentic; Interpretation of Treaties

 

Author:Sun Shiyan, research fellow, CASS Institute of International Law;

Source:6 (2025) Peking University Law Journal.