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International Law

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2007

Hierarchy

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Is The Hierarchical Structure Of Articles 31 And 32 Of The Vienna Convention Real Or Not? Interpreting The Rules Of Interpretation, Ulf Linderfalk Dec 2006

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 …