Practice question
An Article 31 interpretation leaves a treaty phrase genuinely obscure. Counsel proposes consulting preparatory work and circumstances of conclusion. The other party says those materials are forbidden in every case because only text matters. What is the proper answer under Article 32?
- Preparatory work automatically overrides clear text in every dispute.
- Supplementary means may be used to determine meaning where Article 31 leaves ambiguity or obscurity, and may also confirm an Article 31 meaning.
- Negotiating history is never legally relevant.
- The parties must abandon the treaty whenever ambiguity arises.
- Only a subsequent domestic election can resolve ambiguity.
Legal references
- Vienna Convention on the Law of Treaties (1969), Articles 2, 18, 26–27, 31–32, 34: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
Answer this question in flashcards to review your response and continue practicing.