
Contents
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I. Introduction: The Importance of Treaty Interpretation I. Introduction: The Importance of Treaty Interpretation
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II. Methods to Keep IHL Treaties Up to Date II. Methods to Keep IHL Treaties Up to Date
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III. The Framework for Treaty Interpretation III. The Framework for Treaty Interpretation
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IV. The General Rule of Treaty Interpretation IV. The General Rule of Treaty Interpretation
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A. Good Faith A. Good Faith
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B. The Ordinary Meaning of the Text B. The Ordinary Meaning of the Text
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C. Object and Purpose C. Object and Purpose
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V. Developments after the Conclusion of a Treaty, to Be Taken into Account when Interpreting Treaties V. Developments after the Conclusion of a Treaty, to Be Taken into Account when Interpreting Treaties
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A. Subsequent Agreements A. Subsequent Agreements
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B. Subsequent Practice B. Subsequent Practice
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C. Relevant Rules of International Law C. Relevant Rules of International Law
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VI. Supplementary Means of Interpretation VI. Supplementary Means of Interpretation
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A. Preparatory Work A. Preparatory Work
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B. Subsequent Practice in the Broad Sense B. Subsequent Practice in the Broad Sense
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C. Other Supplementary Means of Interpretation C. Other Supplementary Means of Interpretation
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VII. Treaties Authenticated in Two or More Languages VII. Treaties Authenticated in Two or More Languages
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VIII. The Identity of the Treaty Interpreter VIII. The Identity of the Treaty Interpreter
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IX. The Limits of Treaty Interpretation IX. The Limits of Treaty Interpretation
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X. Conclusion X. Conclusion
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2 Where Vienna and Geneva Meet: Treaty Interpretation and the Geneva Conventions
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Published:May 2024
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Abstract
This chapter discusses the application of the 1969 Vienna Convention on the Law of Treaties to the interpretation of the 1949 Geneva Conventions. The Vienna Convention offers a coherent legal framework for treaty interpretation, including international humanitarian law treaties. Because the adoption of new Geneva Conventions does not seem to be realistic in the near future, the interpretation of the existing Conventions remains of crucial importance. The chapter sets out the Vienna Convention’s framework for treaty interpretation and examines it from the perspective of the Geneva Conventions. It looks in more detail at the requirements of good faith and reliance on the ordinary meaning of the text, in light of the treaty’s object and purpose. It further examines the requirement that subsequent developments in law and practice be taken into account, particularly relevant for older treaties such as the Geneva Conventions. The chapter then looks at supplementary means of interpretation.
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