Page 168 - Law of Peace, Volume ,

Pam 27-161-1

Antarctica contrary to the principles or purposes of the tion accorded an agreement under the general rule results
present treaty. " in an ambiguous or obscure meaning, or leads to a result
8-26. Retroactive and Successive Treaties. When a which is manifestly absurd or unreasonable. Such means
treaty is signed, there is often a question as to whether it of interpretation include "the preparatory work of the
applies retroactively or to successive treaties on the same treaty and the circumstances of its conclusion."
subject matter. Article 28 of the Vienna Convention pro- b. There was considerable debate at the conference
vides that, unless a different intention appears from the draft'i the Vienna Convention over the propriety of
treaty or elsewhere, an agreement is not retroactive, that recourse to materials concerning the preparatory work of
is ". . . its provisions do not bind a party in relation to any the treaty, the travauxpr~paratoires. 128 A literal reading
act or fact which took place or any situation which ceased of the text, in referring to such materials a "supplemen-
to exist before the date of the entry into force of the tary means of interpretation," gives the indication that
treaty." As regards successive treaties, Article 30 pro- they are limited to a minor role. However, under custom-
vides that a treaty may specify either that it is subject to or ary international law, draft'i history is not subordinated
that it is not to be considered as incompatible with an to textual analysis. One authority maintains that reference
earlier or a later treaty. However, if the earlier treaty does to the preparatory work as a supplemental interpretative
not specify the above and is not terminated or suspended, means was not intended to place such works in a subordi-
it then applies ". . . only to the extent that its provisions nate status and that ". . . discriminating recourse to tra-
are compatible with those of the later treaty . . ." when the vaux pr6paratoires in order to throw illumination on the
parties to the agreement are the same. When the signato- meaning of terms employed in the text of a treaty is per-
ries are different, the earlier treaty applies as between mitted." 129
states which are parties to both, to the extent this agree- 8-29. Treaties Authenticated in Two or More
ment is compatible with the later treaty. However, as be- Languages. Article 33 of the Convention provides that
tween a state party to both treaties and a state party to only when a treaty has been authenticated in two or more
one of the treaties, the treaty to which both are parties
governs. languages, the text is equally authoritative in each unless,
the treaty provides, or the parties agree, that a particular
8-27. General Rule of Interpretation. Article 3 1 of the text will prevail when conflicts occur. The terms of the
Vienna Convention establishes the rule that ". . . [a] treaty are presumed to have the same meaning in each
treaty shall be interpreted in good faith in accordance with authentic text. Thus, a version of agreement ina language:
the ordinary meaning to be given to the terms of the treaty other than one of those in which the text ,was authenti-
in their context and in the light of its object and purpose." cated shall be considered an authentic t&# only if the.
The meaning of "context" for the purposes of this rule in- treaty so provides or the parties so agree. ,hen a corn=,
cludes the text, its preamble and annexes, as well as: parison of the authentic texts discloses a difference OF,
(1) Any agreement relating to the treaty which was meaning which cannot be removed by applying the,
made between all the parties in connection with the con- general rule and supplementary means of interpretation,
clusion of the treaty, and the meaning which best reconciles the texts shall be
(2) Any instrument which was made by one or more adopted, with due regard given to the object and purpose-
parties in connection with the conclusion of the treaty and of the treaty.
accepted by the other parties as an instrument related to
the treaty. 8-30. Summary. In closing this discussion of treaty in-,
terpretation, it is essential to note that, as in the municipal
Article 31 further provides that in addition to the context
law of contracts, there are a variety of approaches to the
of the agreement, the following should be taken into ac-
interpretation of an international agreement. "Black let-
count for purposes of interpretation:
(1) Any subsequent agreement between the parties ter" rules of construction are frequently inadequate to
regarding the interpretation of the treaty or the application solve the variety of problems and situations which call for
of its provisions; interpretations. However, the I.C. J., in rendering its deci-
(2) Any subsequent practice in the application of the sion in the Second Admissions Case, 130 reaffied the
treaty which establishes the agreement of the parties general rule of interpretation when it stated that ". .:
regarding its interpretation; and [wlhen the Court can give effect to a provision of a treaty
(3) Any relevant rules of international law applicable by giving to the words usedin it their natural and ordinary
in the relations between the parties. meaning, it may not interpret the words by seeking to give
8-28. Supplementary Means of Interpretation. a. Arti- them some other meaning."
cle 32 of the Convention permits recourse to "supple-
mentary means of interpretation in order to confi the
128. Briggs, The Travaux Prkmratoires of the Vienna Convention on
meaning resulting from the application of the general rule the hw of Treaties, 65 Am. 3. Int7 L. 705, 709 (1971).
of interpretation articulated in article 31 ." These supple- 129. Id.at 712.
mentary means may also be utilized when the interpreta- 130. Second AdmissionsCase [I9501I.C.J.8.