The Time of Conclusion and the Time of Application of Treaties as Points of Reference in the Interpretative Process

Abstract

The 1969 Vienna Convention on the Law of Treaties and its development in the work of the International Law Commission (ILC) give decidedly mixed messages on the question of whether the interpretation of a treaty and its application constitute part of the same process. This issue is connected to the problem of how changes during the period a treaty is in force can affect the way in which it is interpreted and applied. Linked to these matters is the approach that is adopted in relation to the interpretation of treaties and it is with this question that this chapter commences. Interpretative process is better represented by the combination of the factors in Articles 31 and 32 in a single provision. Articles 31 and 32 of the Vienna Convention give rise to a number of issues of relevance to the chapter. Keywords: international law commission (ILC); interpretative process; law of treaties; Vienna Convention

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