The Kingdom of Belgium, the French Republic, The Swiss Confederation, The United Kingdom and the United States of America v. The Federal Republic of Germany

Abstract

Treaties — Interpretation-Principles and rules of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Codification of rules of customary international law — Interpretation in good faith — Ordinary meaning of words — Context — Legal definition of “context” — Object and purpose of treaty — Importance

Multilingual treaties — Vienna Convention, Article 33 — All authentic texts of a treaty possess equal authority — Discrepancy between texts — Duty to resolve discrepancy by adopting meaning which best reconciles the texts in the light of the object and purpose of the treaty — Whether original text of treaty possessing special weight — Whether customary law principles superseded by Vienna Convention

Consideration of preparatory work — Definition of travaux préparatoires — Whether legitimate for Tribunal to consider records of discussion at which one State Party not present — Importance of avoiding situation in which travaux preparatoires admissible against some parties but not others — Importance of drafts of clause in ascertaining meaning of clause in its final form

Treaties — Subsequent practice — As aid to interpretation — Need for practice to represent agreement, express or implied, between parties — Relevance of acts of one party in discharging its obligations under the treaty

Treaties — Termination — Whether agreement providing for issue of bonds discharged when bonds issued

Effect of treaties on third parties — Treaty relating to issue of bonds — Effect upon bondholders

Arbitration — In general — Function — Legal interest of Applicants — Whether genuine — Whether Tribunal being asked to decide academic question — Procedure — Evidence — Function of witness giving evidence in relation to travaux préparatoires of treaty

State succession — Public debt — Acknowledgment of Reich debts by Federal Republic of Germany

International law in general — Sources — Vienna Convention on the Law of Treaties, 1969