VCLT Article 32 Quiz

Study Notes

### VCLT Art. 32: Supplementary Means of Interpretation

Preparatory works (travaux préparatoires) can be used to confirm the meaning of a treaty provision under Article 31 of the VCLT.
They can also be used to determine the meaning of a provision when other methods yield:
- Ambiguous or obscure interpretations
- Manifestly absurd or unreasonable results
Linguistic versions of treaties (Art. 33 VCLT):
- All versions of a treaty are considered of equal value.
- If versions differ, the interpretation that best reconciles them is preferred, considering the treaty’s object and purpose.
Interpretation outside the VCLT:
- Interpretive maxims and general canons:
  - A contrario and by analogy: Reasoning from the opposite or by comparison.
  - Argumentum ab absurdum: If an interpretation leads to absurdity, it should be discarded.
  - Effet utile: Interpretations should aim for a practical and useful outcome.
  - In favorem libertatis: Interpreting in favor of liberty.
  - Lex specialis: Specific provisions within a treaty prevail over general ones.
- Evolutionary interpretation:
  - There is debate on whether treaty provisions should be interpreted using the law as it existed at the time of their adoption or current law.
  - Examples of concepts that have evolved:
    - Corporal punishment
    - Family
    - Commerce
    - Harassment

### Conflicts of Treaties

General issues:
- Article 30 VCLT outlines the rules for resolving treaty conflicts.
- Primacy of the UN Charter (Article 103): The Charter’s provisions prevail over other international agreements. There is debate on whether the Charter functions as "constitutional law."
- Customary law is not specifically addressed by the VCLT.
- A presumption of non-conflict exists between treaties.
ECtHR Case: Al Jedda v. United Kingdom:
- The Court held that when interpreting Security Council Resolutions, any ambiguity should be resolved in harmony with the requirements of the Convention.
- The Court emphasized that the UN plays a crucial role in human rights and suggested that clear language would be used to indicate an intention for Security Council resolutions to conflict with human rights obligations.

Article 31 VCLT: Provides the general rule for treaty interpretation, emphasizing:
- Ordinary meaning of the text
- Context of the treaty
- Object and purpose of the treaty
Article 31.2 VCLT: Outlines elements of the context to be considered:
- Text of the treaty (including the preamble and annexes)
- Agreements between all parties
- Instruments by one or more parties accepted by others
Article 31.3 VCLT: Outlines elements of the broader context to be considered:
- Subsequent agreements between parties
- Subsequent practice establishing agreement
- Relevant rules of international law

### Resolving Conflicts Between Treaties

Step 1: Primacy of the UN Charter: Article 103 of the UN Charter takes precedence if there is a conflict.
Step 2: Treaty specification: If a treaty states it is subject to or not incompatible with another treaty, the provisions of the referenced treaty prevail.
Step 3: Successive treaties with identical parties: If all parties to an earlier treaty are also parties to a later treaty, but the earlier treaty is not terminated, the earlier treaty applies only where compatible with the later treaty.
Step 4: Successive treaties with partially identical parties: Requires further analysis and is not explicitly addressed in the text.

### General Approaches

Lex specialis derogat generalis: Specific provisions prevail over general ones.
Lex posterior derogat priori: Later provisions prevail over earlier ones.

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