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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, …
Is The Hierarchical Structure Of Articles 31 And 32 Of The Vienna Convention Real Or Not? Interpreting The Rules Of Interpretation, Ulf Linderfalk
Is The Hierarchical Structure Of Articles 31 And 32 Of The Vienna Convention Real Or Not? Interpreting The Rules Of Interpretation, Ulf Linderfalk
Ulf Linderfalk
In the practice of modern international law, if a certain understanding is advanced as the correct interpretation of a treaty provision, the proposition is assessed using the rules of interpretation laid down in the 1969 Vienna Convention on the Law of Treaties, Articles 31–33. This article is concerned with the relationship held in such an interpretation process between the preparatory work of a treaty – described as a supplementary means of interpretation in Article 32 – and the three primary means of interpretation that can be used by an interpreter citing Article 31. Judged by the wordings of Articles 31 …