الاتفاقات و الممارسة اللاحقان كوسيلتين تفسيريتين للمعاهدات الدولية : قراءة تحليلية في الاستنتاجات المتبناة من قبل لجنة القانون الدولي

الملخص EN

There is a specific provision in international law that aims to ensure that changing circumstances are taken into account in a manner that is consistent with the agreement of the parties.

set out in article 31 paragraph 3 (a) and (b) of the 1969 Vienna convention, it provides for recognition of the role that subsequent agreement and subsequent practice play in the interpretation of a treaty.

these two means of interpretation are of considerable practical importance.

international courts and other dispute settlement bodies have invoked and applied article 31, paragraph 3 a and b of the Vienna convention in a large number of cases.

this applies to the international court of justice as much as to the permanent court of international justice, which preceded it.

subsequent practice has also played an important role in arbitral awards, in the jurisprudence of the Iran-united states claims tribunal, the international tribunal for the law of the sea, the tribunal for the former Yugoslavia, as well as in the reports of WTO panels and its appellate body.

in addition, national courts often refer to subsequent practice to determine the implications of a given treaty in the domestic legal order.