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Journal articles on the topic 'Vienna Convention on the Law of Treaties (Vienna, 23 May 1969)'

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Published: 27 July 2024

Last updated: 31 July 2025

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1

Reichert-Facilides, Daniel. "Down the Danube: The Vienna Convention on the Law of Treaties and the Case Concerning the GabcïKovo-Nagymaros Project." International and Comparative Law Quarterly 47, no. 4 (1998): 837–54. http://dx.doi.org/10.1017/s0020589300062552.

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Over the last 30 years, the Vienna Convention on the Law of Treaties1 has emerged as one of the most influential instruments of modern international law. The Convention, which was adopted at the UN Conference on the Law of Treaties on 23 May 1969, entered into force on 27 January 1980 and has meanwhile been ratified by more than 80 States.2 Yet, as it does not operate retroactively,3 the scope of application is growing only slowly and its practical importance stems, rather, from the fact that the Convention is widely considered a restatement of customary international law. As early as 1971 the

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2

S., Perepolkin. "PEREMPTORY NORMS OF GENERAL INTERNATIONAL LAW (JUS COGENS): IDENTIFICATION AND LEGAL CONSEQUENCES." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 19(31) (June 13, 2025): 179–87. https://doi.org/10.33098/2078-6670.2025.19.31.179-187.

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Objective. The objective of this work is to disclose the main provisions of the Draft Conclusions on the Identification and Legal Consequences of Peremptory Norms of General International Law (jus cogens) adopted by the UN International Law Commission in 2022. Methodology. To achieve the stated research objective, the following scientific methods of inquiry were used: historical-legal; systemic-structural; comparative-legal; method of analysis; and method of synthesis. Results. Based on the findings of the study, it is emphasized that every representative of the Ukrainian nation should underst

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3

Phedinyak, H. S. "СORRESPONDENCE OF THE NAMES OF THE STRUCTURAL PARTS OF INTERNATIONAL BILATERAL AGREEMENTS WITH THE PARTICIPATION OF UKRAINE TO THEIR TEXT (ON THE EXAMPLE OF AGREEMENTS ON SOCIAL SECURITY)". Constitutional State, № 41 (17 березня 2021): 115–21. http://dx.doi.org/10.18524/2411-2054.2021.41.225617.

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International treaty is mode of creating norms of international law and private international law. Treaties are legally binding agreements between two or more states. According Vienna Convention on Law of Treaties (1969, May 23), which came into force on January 27, 1980 treaty means an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or two or more related instruments and whatever its particular designation. International treaties are acts that contain unified rules that are binding on the subjects of l

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4

Kohona, Palitha T. B. "Some Notable Developments in the Practice of the UN Secretary-General as Depositary of Multilateral Treaties: Reservations and Declarations." American Journal of International Law 99, no. 2 (2005): 433–50. http://dx.doi.org/10.2307/1562508.

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This Note will examine developments in the practice of the United Nations secretary-general on reservations and declarations to treaties, particularly since 1994 when the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties was last updated. This period was marked by some notable developments in the previous practice, especially in connection with human rights treaties.The Vienna Convention on the Law of Treaties of 1969 (Vienna Convention) provides the framework for the functions of the secretary-general in his role as depositary of multilateral treaties. Most a

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5

Alekbay, Zhambyl Kuanyshgaliuly. "SELECTED ISSUES RELATING TO THE IMPLEMENTATION OF KAZAKHSTAN’S RATIFIED TREATIES." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 80, no. 2 (2025): 302–10. https://doi.org/10.52026/2788-5291_2025_80_2_302.

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The study is dedicated to formulating recommendations for addressing an issue arising from the first sentence of paragraph 3, Article 4 of the 1995 Constitution of Kazakhstan. This provision presents a potential risk of the state violating the principle of pacta sunt servanda, which is binding upon Kazakhstan under both customary international law and the law of treaties. The position advanced in this study is based on the observation that the constitutional provision in question, which addresses the priority of treaties in the event of a substantive conflict with domestic law, is limited to r

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6

TAN Zhi Peng, Benny. "The International Law Commission's Draft Articles on the Effects of Armed Conflicts on Treaties: Evaluating the Applicability of Impossibility of Performance and Fundamental Change." Asian Journal of International Law 3, no. 1 (2013): 51–76. http://dx.doi.org/10.1017/s204425131200032x.

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The International Law Commission recently completed its work on the controversial issue of the effects of armed conflicts on treaties, culminating in the adoption of a set of eighteen draft articles and an annex. The Commission's efforts are nothing short of commendable, but this article argues that insufficient attention has been paid to the role of supervening impossibility of performance and fundamental change of circumstances in determining the effects of armed conflicts on treaties. Although both doctrines may in fact appropriately apply in the context of armed conflicts, the mere referen

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7

Linderfalk, Ulf. "On the Meaning of the 'Object and Purpose' Criterion, in the Context of the Vienna Convention on the Law of Treaties, Article 19." Nordic Journal of International Law 72, no. 4 (2003): 429–48. http://dx.doi.org/10.1163/157181003772759476.

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AbstractAccording to the provisions laid down in Article 19 of the 1969 Vienna Convention on the Law of Treaties a state that consents to be bound by a treaty may not formulate such reservations to the agreement, which are incompatible with its object and purpose. This socalled 'object and purpose criterion' has long been puzzling actors of public international law. What does it mean for a reservation to be incompatible with 'the object and purpose' of a treaty? The answer suggested below is the following: a state may not formulate a reservation, if it means (i) that an application of the trea

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8

Resch, Richard Xenophon. "May Be Taxed for Whatever Reason - Conflicts of Qualification: The Discussion Is Finished." Intertax 48, Issue 2 (2020): 177–94. http://dx.doi.org/10.54648/taxi2020016.

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This Article counters the view that the OECD approach to qualification conflicts does not resolve all cases. The letter view, which was initially submitted by Klaus Vogel and has not been refuted until today, is based on the assumption of a fundamental difference between distributive rules reading ‘shall be taxable only’ and those reading ‘may be taxed’. When the interpretative principles enshrined in the Vienna Convention on the Law of Treaties (VCLT) are applied to that therminology it transpires that the difference is not fundamental but merely a matter of degree. This is confirmed by the F

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9

Shqarri, Fjorda, and Anita Jella. "Breach of a treaty as a cause for its termination and the ratio with international responsibility." European Journal of Economics, Law and Social Sciences 7, no. 2 (2023): 33–40. http://dx.doi.org/10.2478/ejels-2023-0005.

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Abstract Treaties as instruments for establishing legal relations between the subjects of international law are acts which can both create a relationship and extinguish it. On the other hand, despite the fact that the parties to a treaty enter into this relationship with the good will that it will last in time and the treaty will be implemented, for various reasons it may happen that the parties are no longer interested in being bound by this treaty. For this reason, the Vienna Convention on the Law of Treaties has provided for ways to terminate the legal force of a treaty. One of these forese

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10

Park, Pae Keun. "Settlement of Conflicts of Successive Treaties: Problems in the Interpretation and Application of Article 30 of the 1969 Vienna Convention on the Law of Treaties." Korea International Law Review 64 (February 28, 2023): 1–24. http://dx.doi.org/10.25197/kilr.2023.64.1.

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Article 30 of the 1969 VCLT, the most important article in settling conflicts of successive treaties, contains many obscure aspects and problems related to the application. The word ‘successive’ translated into Korean is apt to cause misunderstanding. When we read the Korean text of the article, it should be kept in mind that the word ‘successive’ only means the earlier and later relation in time between different treaties. In Art. 30 of the VCLT, conflict of treaties is expressed as ‘incompatibility’ between an earlier treaty and a later treaty. In this paper, it is suggested that ‘conflict’

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11

Shcherbyna, Veronika, and Ivanna Maryniv. "Temporary application of international treaties: legal aspects." Law and innovations, no. 4 (36) (December 15, 2021): 58–62. http://dx.doi.org/10.37772/2518-1718-2021-4(36)-8.

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Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalys

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12

Bhala, Raj, and Eric Witmer. "Pragmatic Literary Theories and WTO Treaty Interpretation." Journal of World Trade 55, Issue 3 (2021): 409–32. http://dx.doi.org/10.54648/trad2021017.

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‘No connection!’ That may be the thought of conventional, old-fashioned thinking as to ‘literary theory’, on the one hand, and ‘WTO treaty interpretation’, on the other hand. In fact, the conventional wisdom as to how the World Trade Organization (WTO) Appellate Body must interpret disputed terms in a treaty is incomplete. That orthodoxy says the Appellate Body is restricted to the tools provided by Articles 31– 32 of the 1969 Vienna Convention on the Law of Treaties. The key such tool is a lexicographic hammer, namely, finding the plain meaning of a word or phrase at issue in a case between t

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13

Tetley, William. "Canadian Interpretation and Construction of Maritime Conventions." Revue générale de droit 22, no. 1 (2019): 109–28. http://dx.doi.org/10.7202/1058170ar.

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In this article, the author first describes the essentially civilian nature and origin of maritime law in the United Kingdom, the United States and Canada, a point unfortunately overlooked in the Supreme Court of Canada’s decision in the Buenos Aires Maru case [1986] 1 S.C.R. 752, but recognized in the judgement of the same Court in Chartwell Shipping Ltd v. Q.N.S. Paper, [1989] 2 S.C.R. 683. The article touches briefly on the federal jurisdiction over maritime law in Canada, the dual jurisdiction of the Federal Court and the superior courts of the provinces in maritime matters and the mixed c

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14

Azrae, Ahmad Nasyran. "REASSESSING THE ROLES OF THE YANG DI-PERTUAN AGONG AND THE RULERS IN THE MAKING OF INTERNATIONAL TREATIES." UUM Journal of Legal Studies 11 (July 31, 2020): 117–52. http://dx.doi.org/10.32890/uumjls.11.2.2020.8006.

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Malaysia continuously negotiates, signs and ratifies international treaties to foster closer relationship with its counterparts. The Federal Constitution of Malaysia provides no direct provision in granting treaty-making capacity to a specific person(s) or institution(s). However, it may be deduced from the available provisions that such power is exercisbale by the executive arm of the Federal Government. By definition, the executive includes the Yang di-Pertuan Agong, which is elected among the Malay Rulers by the Conference of Rulers. This paper reassesses the roles and functions of the Yang

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15

Kalicka-Mikołajczyk, Adriana. "Zakres terytorialny stosowania umów handlowych Unii Europejskiej – pomiędzy teorią a praktyką. Uwagi w świetle orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej." Przegląd Sejmowy 6(173) (2022): 233–53. http://dx.doi.org/10.31268/ps.2022.162.

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As a general rule on the territorial scope of treaties, the Vienna Convention on the Law of Treaties of 1969 assumes that a treaty binds each party in respect of its entire territory. However, this is only a presumption, as any party may decide otherwise. In the second half of the 1990s, the European Union concluded the Euro-Mediterranean Association Agreements with Israel and Morocco, which contain in their content, a very generally worded territorial clause, according to which they apply to the territory of the European Union, and Israel or Morocco. However, this seemingly clear and precise

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16

Chaykina, A. V. "Application by courts of judgments of the constitutional court of the russian federation and the European Court of Human Rights in one case." Actual Problems of Russian Law, no. 3 (May 4, 2019): 125–33. http://dx.doi.org/10.17803/1994-1471.2019.100.3.125-133.

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The paper deals with the problem of the application by the courts of the Russian Federation of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights in the same civil case. The problem is caused by the uncertainty of the hierarchy of these sources of law in terms of international and national law. The issue of non-fulfillment of ECtHR judgments was considered from the point of view of the provisions of the Vienna Convention on the Law of Treaties of 1969. The author analyzes foreign practice on the execution of judgments of the ECHR. In particul

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17

Nieminen, Martti. "Dual Role of the OECD Commentaries: Part 2." Intertax 43, Issue 12 (2015): 773–95. http://dx.doi.org/10.54648/taxi2015071.

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The comprehensive two-part article deals with the OECD Commentaries’ relevance in tax treaty interpretation particularly from the perspective of Articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties. The purpose of the article is to establish the legal basis for the use of the OECD Commentaries in the interpretative process and, most importantly, to determine their relative weight in the interpretative undertaking. The main finding is that the relative value of the OECD Commentaries is not fixed but varies from case to case. The Commentaries’ interpretative weight in each par

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18

Nieminen, Martti. "Dual Role of the OECD Commentaries Part 1." Intertax 43, Issue 11 (2015): 636–59. http://dx.doi.org/10.54648/taxi2015062.

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The comprehensive two-part article deals with the Organisation for Economic Co-operation and Development (OECD) Commentaries’ relevance in tax treaty interpretation, particularly from the perspective of Articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties. The purpose of the article is to establish the legal basis for the use of the OECD Commentaries in the interpretative process and, most importantly, to determine their relative weight in the interpretative undertaking. The main finding is that the relative value of the OECD Commentaries is not fixed but varies from case to

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19

Karski, Karol, and Tomasz Kamiński. "Treaty-Making Capacity of Components of Federal States from the Perspective of the Works of the UN International Law Commission." Polish Review of International and European Law 5, no. 2 (2018): 9. http://dx.doi.org/10.21697/priel.2016.5.2.01.

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The submitted paper concerns the treaty-making capacity of components of federal (non-unitary) states. As the division of powers in respect to the conclusion of international treaties between a federal state and its components is based on the provisions of internal federal law, the authors decided to start the consideration of the topic with the presentation of selected appropriate internal law regulations of federal states. Although the study concentrates on an analysis of Swiss and German constitutional rules on the subject, the provisions of i.a. Belgian, US and Canadian law are also commen

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20

Borecki, Paweł. "Nieważność i wygaśnięcie konkordatu polskiego z 1993 r." Studia Prawa Publicznego, no. 4 (32) (December 15, 2020): 43–62. http://dx.doi.org/10.14746/spp.2020.4.32.2.

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From time to time, there is a proposal in the public debate in Poland to break the 1993 concordat, and this has also recently been the case. However, in the current systemic and political reality of contemporary Poland, the issue of the invalidity or expiry of the Polish concordat is one purely for theoretical (academic) discussion. It is worth analyzing this through the prism of the Vienna Convention on the Law of Treaties of 1969 and the Constitution of the Republic of Poland of 1997. The only hypothetical grounds for an annulment of the 1993 Concordat would be the allegation that it was con

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Kovalova, M. V. "Interpretation of treaties: theoretical foundations and practical challenges." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 1206–11. https://doi.org/10.24144/2788-6018.2025.02.182.

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This article examines the essence and significance of interpreting international treaties as a key factor in ensuring the effectiveness of international legal regulation. A proper understanding of a treaty’s content and objectives helps avert discrepancies in interpretation and thus prevents the emergence of conflicts between states. The complexity of this process lies in the need to adhere to universally accepted principles of international law, as well as in taking into account the specifics of various national legal systems that may interpret the same norms differently. Therefore, interpret

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22

Kovalova, M. V. "Interpretation of treaties: theoretical foundations and practical challenges." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 949–54. https://doi.org/10.24144/2788-6018.2025.01.159.

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This article examines the essence and significance of interpreting international treaties as a key factor in ensuring the effectiveness of international legal regulation. A proper understanding of a treaty’s content and objectives helps avert discrepancies in interpretation and thus prevents the emergence of conflicts between states. The complexity of this process lies in the need to adhere to universally accepted principles of international law, as well as in taking into account the specifics of various national legal systems that may interpret the same norms differently. Therefore, interpret

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23

Šturma, Pavel. "Mezinárodní právo na prahu 21. století (dosažený stav, neúspěchy a perspektivy)." AUC IURIDICA 44, no. 3 (2020): 9–38. https://doi.org/10.14712/23366478.2025.264.

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The study deal with selected problems of international law at the time of change of the 20th and 21st centuries. Such a milestone gives an opportunity to review the achieved state and trends in this system of law. Of course, not only progressive developments but also some failures and defeats are immanent to international law. The only difference between the international law and any other field of human activities is that the consequences of all changes, positive or negative, may be of greater importance. Constant features, changes, contemporary problems and developments are to be analysed in

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24

Peisah, Carmelle, Liat Ayalon, Anne P. F. Wand, Kiran Rabheru, Andrew Byrnes, and Carlos Augusto de Mendonca Lima. "S1: Crossing Oceans and Connecting People to Promote the Human Rights of Older People." International Psychogeriatrics 36, S1 (2024): 5–8. http://dx.doi.org/10.1017/s1041610224000991.

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The International Psychogeriatric Association (IPA) has been steadfast in its commitment towards advancing human rights of older persons since the release of its 2011 White Paper which expanded the focus of the Capacity Task Force to prioritize human rights. Through partnerships with the World Psychiatric Association Section Old Age Psychiatry (WPA-SOAP), Capacity Australia, International Longevity Centre Canada (ILC Canada), Canadian Coalition Against Ageism (CCAA), and Rights of Older Persons Australia (ROPA), IPA members have emerged as global leaders in advocating for integration of human

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25

Alexander, Atul. "Revitalizing the International Law Discourse on the Prohibition of Maritime Piracy: Voices from International Law Commission’s Work on Peremptory Norms of General International Law (Jus Cogens)." Transactions on Maritime Science 13, no. 1 (2024). http://dx.doi.org/10.7225/toms.v13.n01.w11.

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The International Law Commission (ILC) is tasked with the codification and progressive development of international law. Recently, the ILC submitted to the United Nations General Assembly (UNGA) in its 73rd session ‘Draft Conclusions on identification and legal consequences of peremptory norms of general international law (jus cogens)’. The report holds significance as the concept of the jus cogens has been shrouded in mystery since its inception in the Vienna Convention on the Law of Treaties (VCLT) in 1969. The Draft Conclusion 23 (non-exhaustive list) identifies eight norms (annex) fulfilli

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Broekhuijsen, Dirk M. "A Modern Understanding of Article 31(3)(c) of the Vienna Convention (1969): A New Haunt for the Commentaries to the OECD Model?" Bulletin for International Taxation 67, no. 9 (2013). http://dx.doi.org/10.59403/2chwwce.

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27

"Immunities and Criminal Proceedings; (Equatorial Guinea v. France)." International Law Reports 202 (2023): 1–164. http://dx.doi.org/10.1017/ilr.2022.71.

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1Diplomatic relations — Vienna Convention on Diplomatic Relations, 1961 (“VCDR”) — Article 1(i) — Definition of “premises of the mission” — Circumstances under which a building may acquire status of “premises of the mission” under Article 1(i) of VCDR — Whether consent of receiving State necessary for a property to become “premises of the mission” pursuant to Article 1(i) of VCDRTreaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 1(i) — Vienna Convention on the Law of Treaties, 1969 (“VCLT”) — Customary rules of treaty interpretation — Ordinary meaning — Conte

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28

Avella, F. "Using EU Law To Interpret Undefined Tax Treaty Terms: Article 31(3)(c) of the Vienna Convention on the Law of Treaties and Article 3(2) of the OECD Model Convention." World Tax Journal 4, no. 2 (2012). http://dx.doi.org/10.59403/zdy7sz.

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The relationship between EU law and double taxation conventions is usually approached assuming the existence of a conflict; rarely is the issue raised and accurately investigated whether or not EU law could assist in the interpretation of those conventions. In this paper, it is submitted that this can be the case where the interpretation of terms not defined in double taxation conventions is at stake. The conclusion drawn after investigation is that EU law can indeed play such a role according to article 31(3)(c) of the 1969 Vienna Convention on the Law of Treaties and/or toarticle 3(2) of the

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29

Thin, Sarah. "From Paris with love: The systemic integration of environmental law in the interpretation of UN human rights treaties." Netherlands Quarterly of Human Rights, June 12, 2025. https://doi.org/10.1177/09240519251350038.

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Despite increasing recognition of the intersections between human rights and environmental protection, relatively little attention has been paid to the use of international environmental law in the interpretation of human rights law by UN human rights bodies. This article examines how and to what extent international environmental standards may be used in the interpretation of human rights by UN bodies, utilising the legal interpretive method of systemic integration under Article 31(3)(c) of the Vienna Convention on the Law of Treaties 1969, with a particular focus the recent Torres Strait Isl

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Ghanawe Alwan, Assistant Lecturer Basim, and Professor Dr Saddam Hussein Wadi. "Interpretation of treaties by subsequent conduct to the States Parties." Journal of Juridical and Political Science 10, no. 2 (2021). http://dx.doi.org/10.55716/jjps.2021.10.2.12.

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The subsequent conduct of states parties is one of the means of interpretation of international treaties stipulated in the Vienna Convention on the Law of Treaties of 1969. This method is mentioned as a basic means of interpretation in Article (31) and also as a complementary means of interpretation in Article (32) when the general means of interpretation do not lead to Clarify the ambiguity of the text or resulted in vague and incomprehensible interpretations and phrases. This method is the best expression of what the parties want in terms of the meanings within the treaty document in which t

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Marotti, Loris. "The Proliferation of Joint Interpretation Clauses in New International Investment Agreements: A Mixed Blessing?" ICSID Review - Foreign Investment Law Journal, June 23, 2020. http://dx.doi.org/10.1093/icsidreview/siaa001.

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Abstract Joint interpretation clauses (JICs) are among the most controversial control mechanisms on the interpretative powers of tribunals brought by the current wave of reform of the investor–State dispute settlement system (ISDS). Literally proliferating in the new generation of international investment agreements (IIAs), these clauses give contracting States the power to issue joint interpretations (JIs) that are expressly recognized as binding upon dispute settlement bodies and may even be issued in relation to matters pending before such bodies. This article discusses several issues raise

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