Under Article 31(3) VCLT, in addition to context, the following shall be taken into account for treaty INTERPRETATION:
Asubsequent agreement between parties on interpretation or application; (b) subsequent practice in application of the treaty establishing the agreement of the parties; (c) any relevant rules of international law applicable in relations between parties
Bonly the position of the depositary State of the treaty (cf. Vienna Convention on the Law of Treaties 1969, Article 31(3)) (cf. Vienna Convention on the Law of Treaties 1969, Article 31(3)) (cf. Vienna Convention on the Law of Treaties 1969, Article 31(3))
Conly the unilateral interpretation of the most powerful party (cf. Vienna Convention on the Law of Treaties 1969, Article 31(3)) (cf. Vienna Convention on the Law of Treaties 1969, Article 31(3)) (cf. Vienna Convention on the Law of Treaties 1969, Article 31(3))
Donly academic commentary on the treaty (cf. Vienna Convention on the Law of Treaties 1969, Article 31(3)) (cf. Vienna Convention on the Law of Treaties 1969, Article 31(3)) (cf. Vienna Convention on the Law of Treaties 1969, Article 31(3))
Answer & Solution
Correct answer: A. subsequent agreement between parties on interpretation or application; (b) subsequent practice in application of the treaty establishing the agreement of the parties; (c) any relevant rules of international law applicable in relations between parties
1. Article 31(3) VCLT: 'There shall be taken into account, together with the context: (a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions; (b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; (c) any relevant rules of international law applicable in the relations between the parties.'
2. The ILC Conclusions on Subsequent Agreements and Subsequent Practice in Relation to the Interpretation of Treaties (2018) elaborate these.
3. Article 31(4): a special meaning shall be given to a term if it is established that the parties so intended.
4. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — Vienna Convention on the Law of Treaties 1969, Article 31(3)_
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