The Report
of the Iraq Inquiry
Security
Council. The basic principle to be derived from the Vienna
Convention is
that a
Security Council resolution is to be interpreted in good faith in
accordance
with the
ordinary meaning given to its terms in their context and in the
light of its
object and
purpose.”
1. A treaty
shall be interpreted in good faith in accordance with the ordinary
meaning
to be given
to the terms of the treaty in their context and in the light of its
object and
purpose.
2. The
context for the purpose of the interpretation of a treaty shall
comprise, in addition
to the
text, including its preamble and annexes:
(a) any
agreement relating to the treaty which was made between all the
parties in
connexion
with the conclusion of the treaty;
(b) any
instrument which was made by one or more parties in connexion with
the
conclusion
of the treaty and accepted by the other parties as an instrument
related
to the
treaty.
3. 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;
(b) any
subsequent practice in the application of the treaty which
establishes the
agreement
of the parties regarding its interpretation;
(c) any
relevant rules of international law applicable in the relations
between the
parties.
4. A
special meaning shall be given to a term if it is established that
the parties so
intended.
Recourse
may be had to supplementary means of interpretation, including the
preparatory
work of the
treaty and the circumstances of its conclusion, in order to confirm
the meaning
resulting
from the application of article 31, or to determine the meaning
when the
interpretation
according to article 31:
(a) leaves
the meaning ambiguous or obscure; or
(b) leads
to a result which is manifestly absurd.
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