vienna convention on law of treaties pdf

The Vienna Convention on the Law of Treaties: A Comprehensive Analysis

The Vienna Convention on the Law of Treaties, adopted in 1969, is a groundbreaking treaty that has had a profound impact on the development of international law. This convention sets forth the rules governing the conclusion and interpretation of treaties between states, and its influence extends beyond the realm of treaties to other areas of international law.

In this article, we will examine the impact of the Vienna Convention on the development of international law, including the law of international responsibility and the law of international organizations. We will also explore how certain provisions of the convention have become obsolete, while others have evolved into customary international rules.

The book 'The Law of Treaties Beyond the Vienna Convention' offers a comprehensive analysis of the law of treaties as it emerges from the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. The authors demonstrate that the evolutionary interpretation of treaties, which allows for the adaptation of treaty provisions to changing circumstances, is based upon an objective understanding of the intention of the parties.

One of the most controversial aspects of the law of treaties is the concept of evolutionary interpretation. This approach has been criticized for going against the very grain of the law of treaties and breaching the principle of consent. However, the authors argue that evolutionary interpretation is necessary in a rapidly changing world where many important international legal instruments are over 50 years old.

For example, if a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The authors argue that evolutionary interpretation provides a necessary and objective way to address this question.

In conclusion, the Vienna Convention on the Law of Treaties is a foundational document in international law that has had a profound impact on the development of other fields of international law. This convention sets forth the rules governing the conclusion and interpretation of treaties between states, and its influence extends beyond the realm of treaties to other areas of international law. The book 'The Law of Treaties Beyond the Vienna Convention' offers a comprehensive analysis of the law of treaties as it emerges from the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law.

References:

* Vienna Convention on the Law of Treaties, adopted in 1969

* The Law of Treaties Beyond the Vienna Convention (book)

* International Law Commission

Vienna convention on law of treaties pdf