Interpretation Of International Agreements

April 10th, 2021  |  Published in Uncategorized

(a) International conventions, whether general or specific, establish rules that are expressly recognized by the states in the subject; It should be noted that some observers rate the case law analyzed in the reports differently. In particular, some recent ICJ opinions are seen as an acknowledgement of the practice of UN bodies as follows, by mentioning and using them either in the same direction as elements of the uniform method of Article 31, paragraph 1 of the ICT, as in the Palestinian Wall`s opinion on the practice of parallel seizures of the Security Council and the General Assembly (Article 12 of the Charter of the United Nations). [36] In the scientific debate that dutifully repeats reports on whether institutional practice itself should be understood as a follow-up practice within the scope of Article 31 VCLT, as a complementary material within the meaning of Article 32 of the VCLT or otherwise, the ILC does not take a very specific position, but notes that it must be considered “at least as a complementary element” to the law of international organizations. [37] The draft conclusion takes a differentiated, albeit hesitant, approach in which it is stated that the practice of institutions may “provoke or articulate subsequent agreements or practices of the parties” and that “self” may constitute a relevant practice of interpretation. The “established practice” of an international organization is taken into account in the interpretation of the constituent instrument. [38] Reports appear to refrain from drawing scathing conclusions. In itself, this seems appropriate and leaves room for further development. On the other hand, it shows no attempt to strengthen the role of the bodies of international organizations in the interpretation of their own constituent treaty. It leaves the impression that States Parties are the decisive authors of the interpretation, while the role of other institutional actors remains unclear. One of the essential principles of the special rapporteur`s studies is to put an end to the distinction between the interpretation and modification of a treaty: changes must be avoided and not suspected. [53] The further the interpretation deviates from the original intent, the closer it is to the creation of new commitments, which risks circumventing formal amending procedures. [54] The distinction is subject to the VCLT, where interpretation (Articles 31, 32) and revision (Articles 39-41) are treated separately.

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