I want to defend against Dr Crema a consensualist interpretation of art 31(3) VCLT. I do that for several reasons. The first concerns the scope and focus of the Vienna Convention on the Law of Treaties. We owe the Vienna Convention above all to Humphrey Waldock. It is one of the rather under-acknowledged international achievements of that time that he managed to build the Convention text from a rather diffuse body of work by the earlier Special Rapporteurs.1 This is not to say that they did not do good work too, and their reports are certainly worth reading.2 But...
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