Part V Treaty Interpretation, 22 Specialized Rules of Treaty Interpretation: International Organizations

Subject(s):

International organizations — Vienna Convention on the Law of Treaties — Rules of treaty interpretation

International law has generally treated questions of the legal personality and legal powers of international organizations (IOs) as a distinct subject — notably one of international institutional law. However, IOs also regularly trigger questions of treaty law and practice. Most IOs are created by treaty, and that ‘constituent instrument’ provides the necessary starting point for delimiting their functions and competences. This chapter addresses treaty interpretation in the IO context, with particular attention to the interpretation of founding or constitutive treaties of international organizations. Part I examines the interpretation of constitutive treaties and IO secondary rules. Part II looks at the role of organizations as treaty interpreters. Examples are drawn predominantly from the UN context and, to a lesser degree, the European Union.