Vienna Convention on the Law of Treaties Article 31 1.A treaty shall be interpreted in good faith in...

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Vienna Convention on the Law of Treaties Article 31 1.A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. 2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes: (a)any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty; (b) any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty….

Transcript of Vienna Convention on the Law of Treaties Article 31 1.A treaty shall be interpreted in good faith in...

Page 1: Vienna Convention on the Law of Treaties Article 31 1.A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to.

Vienna Convention on the Law of Treaties

Article 311. A treaty shall be interpreted in good faith in accordancewith the ordinary meaning to be given to the terms of thetreaty in their context and in the light of its object and purpose.2. The context for the purpose of the interpretation of atreaty shall comprise, in addition to the text, including itspreamble and annexes:(a)any agreement relating to the treaty which was madebetween all the parties in connection with the conclusion ofthe treaty;(b) any instrument which was made by one or more partiesin connection with the conclusion of the treaty andaccepted by the other parties as an instrument related tothe treaty….

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UN Convention on the Law of Sea

• Article181. Passage means navigation through the territorial sea for

the purpose of:(a) traversing that sea without entering internal waters or

calling at a roadstead or port facility outside internal waters; or

(b) proceeding to or from internal waters or a call at such roadstead or port facility.

2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

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Vienna Convention on the Law of Treaties

3. There shall be taken into account, together withthe context: (a) any subsequent agreement betweenthe parties regarding the interpretation of the treaty orthe application of its provisions;(b) any subsequent practice in the application of thetreaty which establishes the agreement of the partiesregarding its interpretation;(c) any relevant rules of international law applicable inthe relations between the parties.4. A special meaning shall be given to a term if it isestablished that the parties so intended.

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UN Convention on the Law of Sea

Article 1

(1) "Area" means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.

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Vienna Convention on the Law of Treaties

Article 32Recourse may be had to supplementary means ofinterpretation, including the preparatory work of thetreaty and the circumstances of its conclusion, in orderto confirm the meaning resulting from the applicationof article 31, or to determine the meaning when theinterpretation according to article 31:(a) leaves the meaning ambiguous or obscure; or(b) leads to a result which is manifestly absurd orunreasonable.

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Vienna Convention on the Law of Treaties

Article 331. When a treaty has been authenticated in two or morelanguages, the text is equally authoritative in each language,unless the treaty provides or the parties agree that, in case ofdivergence, a particular text shall prevail….3. The terms of the treaty are presumed to have the samemeaning in each authentic text.4. Except where a particular text prevails in accordance withparagraph 1, when a comparison of the authentic texts disclosesa difference of meaning which the application of articles 31 and32 does not remove, the meaning which best reconciles thetexts, having regard to the object and purpose of the treaty, shallbe adopted.

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Vienna Convention on the Law of Treaties

Article 34A treaty does not create either obligations or rights for athird State without its consent.

Article 35An obligation arises for a third State from a provision ofa treaty if the parties to the treaty intend the provision to bethe means of establishing the obligation and the third Stateexpressly accepts that obligation in writing.

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Vienna Convention on the Law of Treaties

Article 36A right arises for a third State from a provision of a treatyif the parties to the treaty intend the provision toaccord that right either to the third State, or to a group ofStates to which it belongs, or to all States, and the thirdState assents thereto. Its assent shall be presumed so longas the contrary is not indicated, unless the treaty otherwiseprovides.