The International Law Commission (ILC) is a specialized United Nations body responsible for the progressive development and codification of international law. One of the areas the ILC has focused on is the role of subsequent agreements and subsequent practice in the interpretation and application of treaties.
Subsequent agreements and subsequent practice are important principles of treaty interpretation that help determine the meaning of a treaty provision over time. Subsequent agreements are agreements made by parties to a treaty after it has entered into force, while subsequent practice refers to the conduct of parties in implementing the treaty.
The ILC has recognized the significance of subsequent agreements and subsequent practice in treaty interpretation, stating in its commentary to the Vienna Convention on the Law of Treaties that these factors may be taken into account in determining the meaning of a treaty provision. The ILC has also emphasized the importance of considering the context of subsequent agreements and subsequent practice in interpreting the treaty, including the purpose and objectives of the treaty.
In recent years, the ILC has been examining the role of subsequent agreements and subsequent practice in the formation and validity of treaties. In 2018, the ILC adopted a set of draft conclusions on the topic, which stated that subsequent agreements and subsequent practice may be relevant in determining whether a treaty has been formed or whether a state has consented to be bound by a treaty. The draft conclusions also noted that subsequent agreements and subsequent practice may be considered in assessing the validity of a treaty.
Overall, it appears that the ILC is elevating the importance of subsequent agreements and subsequent practice in the interpretation and application of treaties. As a professional, it is important to note that this topic may be of interest to those involved in international law, particularly those working with treaties and treaty interpretation. By staying up to date on developments in this area, professionals can provide more informed guidance to their clients and stakeholders.