Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave(17 Queen Mary Studies in International Law)

In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.

Table of Contents:
Contents Foreword 2 Preface 3 Acknowledgments 4 Abbreviations 10 Table of Cases 15 Table of Treaties 44 Table of Other Primary Authorities & Documents 48 Prolegomena 55 Part I: Article 31(3)(c) and the Principle of Systemic Integration from a Normative Point of View 66 Chapter I: The Elements of Article 31(3)(c) of the VCLT and the Principle of Systemic Integration 66 I. Introduction 67 II. Ordinary Meaning and Context of Article 31(3)(c) of the VCLT: An Article 31 – based Interpretation 68 III. Preparatory Work of the VCLT and pre-ILC Documents as other Supplementary Means: An Article 32 – based Interpretation 75 IV. Jurisprudence (‘other Supplementary Means of Interpretation’) as ‘Determinative’ of the Content of Article 31(3)(c): The ‘Proximity Criterion’ Revealed 90 Chapter II: Article 31(3)(c) and Intertemporality 145 I. Introduction 145 II. Debating Intertemporality During the Travaux Préparatoires of the VCLT 147 III. Intertemporal Law: Between Stability and Change 162 IV. Conclusion 196 Part II: Article 31(3)(c) VCLT and the Principle of Systemic Integration from a Systemic Point of View 198 Chapter III: Principles of Conflict Resolution within the Interpretative Process of Article 31(3)(c) 199 I. Definition 202 II. Hierarchy – Jus Cogens 209 III. Limitations of Jus Cogens 213 IV. Conflict Clauses 215 V. Limitations of Conflict Clauses 218 VI. Lex Posterior Derogat Priori 223 VII. Limitations of the Lex Posterior Principle 228 VIII. Lex Specialis Derogat Generali 236 IX. Limitations of the Lex Specialis Principle 240 X. The Relationship between the Lex Posterior and Lex Specialis Principles: Antagonism or Complementarity? 242 XI. Principles of Conflict Resolution within the Interpretative Process of Article 31(3)(c) 245 XII. Conclusion 254 Chapter IV: Interpretation of Customary International Law by Reference to the Customary Law Equivalent of Article 31(3)(c) (Article 31(3)(c) CIL) 256 I. Introduction 256 II. Is Interpretation of Customary International Law Possible? 257 III. Methods of Interpretation of Customary International Law 284 IV. Conclusion 316 Concluding Remarks 319 Bibliography 324 Index 346

About the Author :
Panos Merkouris, Ph.D. (Queen Mary), is a Lecturer on Public International Law at the University of Groningen. He has published extensively on the law of treaties and treaty interpretation, including Treaty Interpretation and the Vienna Convention on the Law of Treaties: 30 Years on (2010).