Application Of "Relevant Rules Of International Law" In International Treaty Interpretation

The fragmentation of international law has been a big concern of the international law academic world nowadays.Article 31(3)(c)VCLT of 1969 is considered as a significant tool for sustaining the international law system.Besides the introduction and conclusion,this essay is made of four chapters.Chapter 1 is mainly about a brief analysis of the interpretation rules which set out in article 31 and 32 of the Vienna Convention and raising preliminary questions in article 31(3)(c)VCLT.The questions specifically refer to the scope of the "relevant rules of international law" and the time factors.In chapter 2,based on the classic cases in international judicial practice which refer to article 31(3)(c)VCLT,it makes a conclusion of application situation of this article.In general,there are few situations which international judicial body refers to"relevant rules of international law" successfully according to article 31(3)(c)VCLT in the dispute settlement practice.Despite of WTO dispute settlement body,ICJ and international investment arbitration tribunal didn't make a detail analysis of the application conditions of article 31(3)(c)VCLT even if they refer to article 31(3)(c)VCLT definitely.Chapter 3 mainly draws attention to talk about the application conditions which set forth in article 31(3)(c)VCLT,especially analyzes the two conditions of "the parties" and "rules of international law" which academic world raised big arguments on them.In this part,when the interpreters judge whether the rule meets the condition of "the parties",they should apply the treaty which is binding to the dispute parties in the case at least,unless the dispute parties who are not bound by the treaty agree to be bound expressly or implicitly.As for the scope of "rules of international law",it is thought to include the other treaties which are conclude by the parties,the general principles of international law and customary international rule.As for the no binding legal instruments and other rules of international law,it is reasonable that they are included in the scope of "rules of international law" even if there are no cases for reference until now.Chapter 4 is mainly based on the treaty interpretation practice which international judicial body refers to article 31(3)(c)VCLT.It conforms the positive significance which article 31(3)(c)VCLT contains.Because of the ambiguity which contains in article 31(3)(c)VCLT itself,there are few cases which refers to article 31(3)(c)VCLT definitely in practice.It is not deniable that article 31(3)(c)VCLT contains the significant theory value of the principle of systemic integration.Meanwhile,article 31(3)(c)VCLT has a vital function of sustaining the international legal system and relieving the fragmentation of international law in judicial practice.