Agora: The Opening Court Generated State Practice? Karl Zemanek The Vienna Convention on the Law of Treaties (VCLT) of 1969 provides in para 1 of its Article 31, which regulates the interpretation of treaties: There shall be taken into account, together with the context […] (b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; Underlying this provision is the obvious assumption that the conduct of the parties in applying the provisions of a treaty was indicative of their understanding of them and thus may help to clarify their meaning when it cannot be deﬁ nitely determined by the process indicated in para 1 of Article 31. Whether the constant application of a treaty provision in a manner that differs from what an interpretation of the provision with the means of Article 31(1) VCLT would amount to an amendment of the treaty, is a controversial question. The ILC draft for the Vienna Conference proposed a relevant article which, however, was not adopted. The ILC recently resumed the considera- tion of the subject and its Draft Conclusions on subsequent agreements and Emeritus Professor of International Law, University of Vienna; Emeritus
Austrian Review of International and European Law Online – Brill
Published: May 7, 2018
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