Subsequent agreements and subsequent practice in relation to the interpretation of treaties A/RES/73/202 3. Takes note of the statements in the Sixth Committee on the subject, including those made at the seventy-third session of the General Assembly, 3 after the International Law Commission had completed its consideration of this topic in accordance with its statute; 4. Also takes note of the conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties, the text of which is annexed to the present resolution, with the commentaries thereto, brings them to the attention of States and all who may be called upon to interpret treaties, and encourages their widest possible dissemination. 62nd plenary meeting 20 December 2018 Annex Subsequent agreements and subsequent practice in relation to the interpretation of treaties Part One Introduction Conclusion 1 Scope The present conclusions concern the role of subsequent agreements and subsequent practice in the interpretation of treaties. Part Two Basic rules and definitions Conclusion 2 General rule and means of treaty interpretation 1. Articles 31 and 32 of the Vienna Convention on the Law of Treaties set forth, respectively, the general rule of interpretation and the recourse to supplementary means of interpretation. These rules also apply as customary international law. 2. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in the light of its object and purpose, as provided in article 31, paragraph 1. 3. Article 31, paragraph 3, provides, inter alia, that there shall be taken into account, together with the context, (a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions; and (b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation. 4. Recourse may be had to other subsequent practice in the application of the treaty as a supplementary means of interpretation under article 32. 5. The interpretation of a treaty consists of a single combined operation, which places appropriate emphasis on the various means of interpretation indicated, respectively, in articles 31 and 32. __________________ 3 2/5 See A/C.6/73/SR.20, A/C.6/73/SR.21, A/C.6/73/SR.22, A/C.6/73/SR.23, A/C.6/73/SR.24, A/C.6/73/SR.29 and A/C.6/73/SR.30; see also the statements in the Sixth Committee that are available on the United Nations PaperSmart portal. 18-22464

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