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Part II Interpretation Applying the Vienna Convention on the Law of Treaties, A The General Rule, 7 The General Rule: (3) Relevant Rules of International Law and Special Meanings

From: Treaty Interpretation (2nd Edition)

Richard Gardiner

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Rules of treaty interpretation — Authority of previous decisions (precedents) — Treaties, scope (temporal and territorial)

This chapter analyses the last two elements of the general rule for treaty interpretation under Article 31 of the Vienna Convention. Article 31(3)(c) deals with the circumstances in which rules from the broad sweep of international law may be brought into play in treaty interpretation. Article 31(4) addresses the situation where the interpretative exercise is narrowed by attribution by the parties of a particular meaning to a term of a treaty. The former identifies the circumstances in which the interpreter may use matter from the body of law outside the treaty. The latter narrows the focus to a particular or peculiar use of a term within the treaty, most readily indicated by a definition provision.

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