Vienna Convention of the Law of Treaties Flashcards

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1
Q

What did the Court state in Golder v UK regarding interpretation of the ECHR?

A

That it should be interpreted in accordance with the principles laid down in VCLT Art. 31, 32 and 33, as these are considered to be declaratory principles of international law

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2
Q

What does VCLT Art. 31 state?

A

Main rule of interpretation

That a treaty shall be interpreted in accordance with the ordinary meaning given to the terms in the text and in accordance with the object and purpose of the text

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3
Q

What does VCLT Art. 32 state?

A

Subsidiary rule of interpretation.

If the result stemming from application of Art. 31 is either ambiguous or manifestly absurd, recourse must be had to alternative means of interpretation, i.e., the preambles of the convention

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4
Q

What does VCLT Art. 33 state?

A

§1
That a treaty authenticated in more than one language shall be considered equal authoritative in each language, unless something else has been agreed upon by the drafters.

§3
If two versions of the Convention deviate from each other and no agreement has been made regarding which one should prevail, the one which best reconciles the two texts in regard to the objective and purpose of the treaty must prevail

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