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Who Are ‘The Parties’? Article 31 § 3(C) Of The 1969 Vienna Convention, And The ‘Principle Of Systemic Integration’ Revisited, Ulf Linderfalk
Who Are ‘The Parties’? Article 31 § 3(C) Of The 1969 Vienna Convention, And The ‘Principle Of Systemic Integration’ Revisited, Ulf Linderfalk
Ulf Linderfalk
Over the last couple of years, international lawyers have hotly debated the correct way to apply Article 31, paragraph 3(c) of the 1969 Vienna Convention on the Law of Treaties. Discussions have focused on the meaning of ‘the parties’. Traditionally this expression has always been interpreted in the stricter sense of all parties to the interpreted treaty. Voices are now raised suggesting a broader interpretation. According to this view, the correct meaning of ‘the parties’ is the two or more parties to a specific dispute. Given that the two interpretations of Article 31, paragraph 3(c) will often be mutually exclusive, …
Doing The Right Thing For The Right Reason: Why Dynamic Or Static Approaches Should Be Taken In The Interpretation Of Treaties, Ulf Linderfalk
Doing The Right Thing For The Right Reason: Why Dynamic Or Static Approaches Should Be Taken In The Interpretation Of Treaties, Ulf Linderfalk
Ulf Linderfalk
In the interpretation of treaties, according to Article 31 of the 1969 Vienna Convention, interpreters shall pay primary regard to conventional language and to "relevant rules of international law applicable in the relations between the parties". Applying this provision, it is obvious that interpreters will sometimes face questions of an inter-temporal nature. What law or what language should be brought to bear on the interpretation process, exactly? The one that existed when the interpreted treaty was concluded? Or the one that exists at the time of interpretation? Over the last 30 years, international law doctrine has increasingly come to favour …