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Treaty Agreement 6 Letters

123 At the beginning of the ILC`s work on this subject, the focus was on the question of treaty succession in the context of the independence of former colonial (or otherwise dependent) territories; and the VCSS-T, in its conclusion, contains specific provisions insofar as it was recognized that the decolonization period was virtually over and that the provisions would apply in the future to a small number of cases. The basic attitude advocated here was the so-called tabula rasa (“clean shale” principle, according to which the contracts in force in relation to a predecessor state would not automatically apply to the successor state, which would be exempt from all contractual rights and obligations of the predecessor state (Art. 16 VCSS-T). In addition, the VCSS-T provided that the newly independent state would have the right, by notification of the estate, to establish its status as a contracting party to a multilateral treaty applicable to the territory concerned. 27 The constituent instruments of international organisations are widely regarded as a particular category of contracts, in particular because of the particular rules of interpretation applicable to them, which involve both a more teleological approach in their interpretation and a particular attention to the practice developed by their institutions. 125 As noted above, the low number of VCSS-T ratifications means that the rules of international customary law also apply in cases of treaty succession, independent of the VCSS-T. Indeed, the question of the succession of bilateral treaties was raised in the event of the disappearance of one of the contracting states in the Gabkovo-Nagymaros case, which examined the status of Article 34 VCSS-T (a rule of continuity of treaties) and Article 12 VCSS-T (other territorial provisions) with regard to contemporary international customary law. The ICJ has not been made aware of the legal status of Section 34 VCSS-T; However, art. 12 VCSS-T reflects international customary law.

The situation is similar in the application of the Convention for the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina/Yugoslavia) (provisional objections) [1996] RCI Rep 595; Implementation of the Convention on the Prevention and Punishment of the Crime of Genocide in 1993 with regard to a multilateral convention. Again, the ICJ did not rule on the legal status of Article 34 VCSS-T, although in this case the concept of continuity of contracts was supported in a number of divergent or separate opinions. 95 The issue of treaty interpretation is currently being considered by the ILC and has come during its work on the fragmentation of international law: difficulties arising from the diversification and expansion of international law (17 July 2 “Fragmentation of international law: difficulties related to the diversification and expansion of international law” [17 July 2006] Gaor 61st session of Supp 10 , 403).

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