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Vienna Conference on the Law of Treaties

Published online by Cambridge University Press:  28 March 2017

Abstract

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Type
Official Documents
Copyright
Copyright © American Society of International Law 1968

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References

* For Arts. 27 and 28, see 61 A.J.I.L. 348 (1967) [Ed.].

* The U. S. proposal of April 10, 1968 (A/CONF.39/C.1/L.15C) reads: Amend article 27 to read as follows:

"A treaty shall be interpreted in good faith in order to determine the meaning to be given to its terms in the light of all relevant factors, including in particular:

  • (a) the context of the treaty;

  • (b) its objects and purposes;

  • (c) any agreement between the parties regarding the interpretation of the treaty;

  • (d) any instrument made by one or more parties in connexion with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty;

  • (e) any subsequent practice in the application of the treaty which establishes the commn understanding of the meaning of the terms as between the parties generally;

  • (f) the preparatory work of the treaty;

  • (g) the circumstances of its conclusion;

  • (h) any relevant rules of international law applicable in the relations between the parties;

  • (i) the special meaning to be given to a term if the parties intended such term to have a special meaning."

Delete article 28. [Ed.]