Article 32
Recourse may be had to supplementary means of interpretation,
including the preparatory work of the treaty and the
circumstances of its conclusion, in order to confirm the meaning
resulting from the application of article 31, or to determine the
meaning when the application according to article 31:
(a)
(b)
Leaves the meaning ambiguous or obscure, or
Leads to a result which is manifestly absurd or unreasonable.”
14. Over and above the ordinary meaning of terms prescribed
by Article 31(1) of the Vienna Convention, Article 31(4) makes
provision for special meanings of terms in a treaty if it is
established that the special meaning was the intention of the
parties thereto. In addition, Article 32 provides for recourse to
supplementary means of interpretation, including the
preparatory work of a treaty, in order to confirm the ordinary
meaning of the terms thereof as prescribed by Article 31(1).
In the instant case, although the ILC Articles are not a treaty
in the strict legal sense, they are codified customary
international law, the interpretation of which would be aptly
guided by the principles advanced in Articles 31(4) and 32
of the Vienna Convention. The Commentaries establish the
intention of the framers of the ILC Articles and, in so far as
they accrue to the draft Articles, would constitute
preparatory work to the ILC Articles. They are, therefore,
legally recognized supplementary means of interpretation of
the said Articles. Indeed, numerous international courts
and arbitral tribunals do invariably refer to the Commentaries
on the ILC Articles for a determination of State responsibility.
See Phillips Petroleum Co. Iran vs. Islamic Republic of Iran,
Award No. 326-10913-2, Iran-United States Claims Tribunal
REFERENCE No. 10 OF 2013
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