Context In Treaty Interpretation

When addressing context in treaty interpretation, the primary point of reference is the Vienna Convention on the Law of Treaties (the "Vienna Convention"). The Vienna Convention was adopted on 23 May 1969 by the United Nations.¹ It entered into force for the original parties on 27 January 1980.² The Vienna Convention constitutes one of the most important instruments of treaty law and is known as the "treaty on treaties".³ As of today, the Vienna Convention has been ratified by 116 States and signed by 45 others.⁴

When it comes to considerations of context in treaty interpretation, the obvious starting point is Article 31 of the Vienna Convention. Nevertheless, as paradoxical as it may seem, in the words of an author, this and other provisions of the Vienna Convention need "guidance" to be correctly applied as they are far from being straightforward.⁵