Search results for "Interpretation of treaties - Formalism - International Law Commission - Vienna Convention on the Law of Treaties - Subsequent agreements - Subsequent practice"

Formalismo e antiformalismo nell'interpretazione dei trattati nei recenti lavori della Commissione del diritto internazionale

2019

In its Draft Conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties the International Law Commission (ILC) has taken a formalistic approach to treaty interpretation, according to which the interpreter should aim at discovering the will of the Parties (and the true meaning of a treaty clause) by using a single combined operation. This means that the interpreter should throw into a crucible all the means of interpretation indicated in Articles 31 and 32 of the 1969 Vienna Convention. The present paper suggests that the depiction of the interpreter as an alchemist who blends different ingredients and gives them the proper weight is a cover th…