The Position of Relevant Rules of International Law in the Interpretation of Treaties

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Hajjar Mahmoud; Zamani Seyed Ghasem

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Journal Paper

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Journal: INTERNATIONAL LAW REVIEW Year:2023 | Volume:40 | Issue:72 Page(s): 9-34

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Information Journal Paper

Title

The Position of Relevant Rules of International Law in the Interpretation of Treaties

Author(s)

Hajjar Mahmoud | Zamani Seyed Ghasem | Issue Writer Certificate

Keywords

Interpretation of Treaties

Relevant Rules of International Law

Article 31(3)(c) of the 1969 Vienna Convention

Systemic Integration

International Jurisprudence

Abstract

Article 31(3)(c) of the 1969 Vienna Convention stipulates that in the interpretation of a treaty, together with the context, “any relevant rules of international law applicable in the relations between the parties” shall be taken into account. Therefore, in treaty interpretation, in addition to its text and context and other elements of the general rule of interpretation set out in Article 31 of the Vienna Convention, the relevant rules of international law should also be considered. The main question this research intends to answer is: What is the position of relevant rules of international law in the interpretation of treaties? It appears that a treaty should be interpreted in harmony with other relevant rules of the international legal system of which it forms part. Thus, employing the relevant rules of international law in the interpretation of a treaty can guarantee the unity and systemic integration of the international legal system. This research will study the position of relevant rules of international law in the interpretation of treaties by analyzing international documents and jurisprudence.

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