Divided but harmonious? The interpretations and applications of article 31(3)(c) of the vienna convention on the law of treaties
In response to an anxiety about the multiplication of special regimes, international lawyers looked towards Article 31(3)(c) of the Vienna Convention of the Law of Treaties to help sustain the unity of international law. Suppose though that the provision is as susceptible to fragmentation as any oth...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Utrecht University School of Law
2020-05-01
|
| Series: | Utrecht Law Review |
| Subjects: | |
| Online Access: | https://www.utrechtlawreview.org/articles/528 |
| _version_ | 1819025211836596224 |
|---|---|
| author | Ivo Tarik de Vries-Zou |
| author_facet | Ivo Tarik de Vries-Zou |
| author_sort | Ivo Tarik de Vries-Zou |
| collection | DOAJ |
| description | In response to an anxiety about the multiplication of special regimes, international lawyers looked towards Article 31(3)(c) of the Vienna Convention of the Law of Treaties to help sustain the unity of international law. Suppose though that the provision is as susceptible to fragmentation as any other rule; its interpretation and application may fall victim to the narrow interests of the regimes it is meant to harmonise with the rest of international law. This article thus analyses various judicial decisions to measure the extent to which fora have conflicted in ascertaining the normative content of Article 31(3)(c). Using strict and relaxed definitions of jurisprudential conflict, the article concludes that, in both cases, the interpretations and applications of the provision remain coherent, but with some key qualifications. |
| first_indexed | 2024-12-21T05:07:05Z |
| format | Article |
| id | doaj.art-11c32437489e465a8c1ba11b1b784ddd |
| institution | Directory Open Access Journal |
| issn | 1871-515X |
| language | English |
| last_indexed | 2024-12-21T05:07:05Z |
| publishDate | 2020-05-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj.art-11c32437489e465a8c1ba11b1b784ddd2022-12-21T19:15:08ZengUtrecht University School of LawUtrecht Law Review1871-515X2020-05-0116110.36633/ulr.528414Divided but harmonious? The interpretations and applications of article 31(3)(c) of the vienna convention on the law of treatiesIvo Tarik de Vries-Zou0Graduate of the LL.M. program in Public International Law at Utrecht UniversityIn response to an anxiety about the multiplication of special regimes, international lawyers looked towards Article 31(3)(c) of the Vienna Convention of the Law of Treaties to help sustain the unity of international law. Suppose though that the provision is as susceptible to fragmentation as any other rule; its interpretation and application may fall victim to the narrow interests of the regimes it is meant to harmonise with the rest of international law. This article thus analyses various judicial decisions to measure the extent to which fora have conflicted in ascertaining the normative content of Article 31(3)(c). Using strict and relaxed definitions of jurisprudential conflict, the article concludes that, in both cases, the interpretations and applications of the provision remain coherent, but with some key qualifications.https://www.utrechtlawreview.org/articles/528international courts and tribunalsfragmentationjurisprudential conflictarticle 31(3)(c) of the vienna convention on the law of treatiesinterpretation |
| spellingShingle | Ivo Tarik de Vries-Zou Divided but harmonious? The interpretations and applications of article 31(3)(c) of the vienna convention on the law of treaties Utrecht Law Review international courts and tribunals fragmentation jurisprudential conflict article 31(3)(c) of the vienna convention on the law of treaties interpretation |
| title | Divided but harmonious? The interpretations and applications of article 31(3)(c) of the vienna convention on the law of treaties |
| title_full | Divided but harmonious? The interpretations and applications of article 31(3)(c) of the vienna convention on the law of treaties |
| title_fullStr | Divided but harmonious? The interpretations and applications of article 31(3)(c) of the vienna convention on the law of treaties |
| title_full_unstemmed | Divided but harmonious? The interpretations and applications of article 31(3)(c) of the vienna convention on the law of treaties |
| title_short | Divided but harmonious? The interpretations and applications of article 31(3)(c) of the vienna convention on the law of treaties |
| title_sort | divided but harmonious the interpretations and applications of article 31 3 c of the vienna convention on the law of treaties |
| topic | international courts and tribunals fragmentation jurisprudential conflict article 31(3)(c) of the vienna convention on the law of treaties interpretation |
| url | https://www.utrechtlawreview.org/articles/528 |
| work_keys_str_mv | AT ivotarikdevrieszou dividedbutharmonioustheinterpretationsandapplicationsofarticle313coftheviennaconventiononthelawoftreaties |