CYIL vol. 14 (2023)

CYIL 14 (2023) COMPARISON OF THE PROROGATION AGREEMENTS UNDER THE HAGUE CONVENTION… and constitute a “single combined operation”. 58 Paragraph 1 says that: “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.” 59 By text, we understand both the text of the treaty per se, together with the preamble and annexes. 60 The second paragraph merely explains precisely what is to be understood by context for the purposes of the quoted paragraph. This includes, for example, agreements relating to the treaty and others referred to in this provision. Adding to this paragraph, paragraph 3 adds that, along with the context, attributes such as subsequent practice in the application and others defined in this paragraph are to be taken into account for the purposes of the general rule of interpretation. 61 Interestingly, legal theory also mentions the practice of international organizations. 62 Some authors point out that the treaty per se does not exist in a legal vacuum and exists alongside other rules of international law. For interpretation, therefore, another rule of international law that binds the parties and which has not been expressly specified in the treaty in question may also be decisive. 63 Interpretation under the Vienna Convention takes a sort of cascading form from this perspective. It is only after the application of the general rule that we move on to the supplementary rules contained under Article 32, which we use solely to confirm the meaning that the author has identified through Article 31 and only if at least one of the conditions laid down is met. The first is that, despite the application of Article 31, the meaning is ambiguous or obscure. The second is the identification of a meaning that is unreasonable or manifestly absurd. 64 If at least one of these conditions are met, we can use supplementary means of interpretation, which are mainly the preparatory works and the circumstances of the conclusion of the treaty. 65 The potential problem the author has seen with the Hague Conventions, in general, is the extent to which the preparatory work for the Conventions, which are acceded to by new States that were not part of the Conference where the draft treaties were prepared, influences interpretation. The Permanent Court has in the past excluded from its consideration preparatory works precisely on this basis, but the Commission has not specified this provision in the wording of the Vienna Convention. 66 The last Article on interpretation is Article 33, which focuses on the question of “Interpretation of treaties authenticated in two or more languages”. The legal theory further describes other complementary rules of interpretation, 58 UN, Draft Articles on the Law of Treaties with commentaries 1966 . [online]. Available at: https://legal.un.org/ilc/ texts/instruments/english/commentaries/1_1_1966.pdf last accessed on 18 July 2023. 59 Art. 31(1) of the of the Vienna Convention on the Law of Treaties. 60 BROWNLIE, I. Princípy medzinárodného verejného práva [Principles of international public law] . Bratislava: Eurokódex, s.r.o. a Paneurópska vysoká škola, 2013. p. 685. 61 Art. 31(2)(3) of the of the Vienna Convention on the Law of Treaties. 62 BROWNLIE, I. Princípy medzinárodného verejného práva. [Principles of international public law] . Bratislava: Eurokódex, s.r.o. a Paneurópska vysoká škola, 2013. p. 685. 63 GALDUNOVÁ, K. Viedenský dohovor o zmluvnom práve = fragmentačný vplyv významnej kodifikačnej prace? [Vienna Convention on the Law of Contracts = fragmentation effect of significant codification work?]. In: Od kodifikace mezinárodního práva k jeho fragmentaci [From the codification of international law to its fragmentation]. Beroun : Česká společnosť pro medzinárodní právo v nakladatelství IFEC, 2009. p. 150. 64 Art. 32 of the of the Vienna Convention on the Law of Treaties. 65 KLUČKA, J. 2011. Medzinárodné právo verejné (všeobecná a osobitná časť) [International public law (general and special part)] . 2. vyd. Bratislava: Iura Edition, 2011. p. 449. 66 UN, Draft Articles on the Law of Treaties with commentaries 1966 . [online]. Available at: https://legal.un.org/ilc/ texts/instruments/english/commentaries/1_1_1966.pdf last accessed on 18 July 2023.

433