The Position of Customary International Law in the Interpretation of Treaties

Articles in Press

Document Type : Original Article

Authors

1 Department of Public International Law, Allameh Tabataba'i University, Tehran, Iran.

2 Professor, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

Abstract

Customary international law and treaties are among the most important sources of international law, and the relationships between them are of particular importance. In this regard, customary international law affects treaties in various aspects; one of these important aspects is its effect on the interpretation of treaties. According to Article 31(3)(C) of the Vienna Convention, in the interpretation of a treaty, together with the context, any relevant rules of international law applicable in the relations between the parties shall be taken into account. The main question to which this paper intends to answer is: What is the position of the rules of customary international law in the interpretation of treaties? It seems that taking into account the rules of customary international law in the process of treaty interpretation helps prevent the interpretation and application of a treaty as an independent regime. Therefore, it reduces the fragmentation of international law and promotes systemic integration in the international legal system. In this paper, by using library sources, international documents, and international judicial decisions and using a descriptive-analytical method, the position of the rules of customary international law in the interpretation of treaties will be studied.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 02 March 2024

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History

  • Receive Date: 30 September 2023
  • Revise Date: 21 February 2024
  • Accept Date: 02 March 2024

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