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