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The Law of Treaties - IL Gleider H. The scope of treaty obligations

Q: There a three common aims of the process of treaty interpretation

First approach: objective approach aims to discern the objective meaning of the actual text of a treaty provision and emphasize textuality or the analysis of the words used. Second approach: subjective approach peek between the text itself and look to the intentions of the parties to an agreement as a mean to resolve any ambiguities: this is often termed a Third approach: teleological or purposive approach and emphasizes the object and purpose of a treaty as the foundations against which the meaning of any specific provision should be understood.

6 important questions on The Law of Treaties - IL Gleider H. The scope of treaty obligations

There is one exception to the pacta tertiis rule under art. 38 VCLT, what exception?

If the rules set forth in a treaty provision have entered into customary IL, the rule can bind a third State. In such case there would be both sufficient State practice and opinio juris to mould a rule into custom, and it would not be the treaty itself that would not provide the normative basis for the obligation, but its content.

Does art. 36 VCLT require written consent?

No it does not require written consent of the third States and in fact presumes its assent unless the contrary is indicated.

What is the primary means of a treaty interpretation?

The guiding principles in art. 31 to 33, how to apply the law, and in particular judicial and arbitral tribunals as the act of interpretation is often regarded as a judicial function whose purpose is to determine the precise meaning of a provision but which cannot change it.

There a three common aims of the process of treaty interpretation

First approach: objective approach aims to discern the objective meaning of the actual text of a treaty provision and emphasize textuality or the analysis of the words used.
Second approach: subjective approach peek between the text itself and look to the intentions of the parties to an agreement as a mean to resolve any ambiguities: this is often termed a
Third approach: teleological or purposive approach and emphasizes the object and purpose of a treaty as the foundations against which the meaning of any specific provision should be understood.

What does the supplementary means of treaty interpretation?

Art. 31 VCLT is expansive in its list of primary means of interpretation situations nevertheless arise where, after application of these primary means, the meaning of a treaty provision remains ambiguous of obscure, or perhaps might lead to a manifestly absurd of unreasonable result. Art. 32 VCLT allows for the use of supplementary means of interpretation. This includes the use pf preparatory materials or reference to the circumstances of a treaty conclusion.

The principle of effectiveness can only be invoked to give effect ti provisions in accordance with the intentions of the parties. And in conformity with IL. There seem to be two areas of IL in which it has proven to be relevant, which two areas?

When the treaty operates as the constitutive instrument of an international organization.
The principle of the dynamic interpretation of treaties used notably by the ECtHR. The ECtHR's interpretation of the ECHR could be seen as a form of lex specialis in relation to human rights regimes, or could be seen as a strongly teleological interpretation based on the object and purpose of the treaty.