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The Kingdom of Belgium, the French Republic, The Swiss Confederation, The United Kingdom and the United States of America v. The Federal Republic of Germany

Arbitral Tribunal for the Agreement on German External Debts.  16 May 1980 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — Interpretation-Principles and rules of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Codification of rules of customary international law — Interpretation in good faith — Ordinary meaning of words — Context — Legal definition of “context” — Object and purpose of treaty — Importance

Multilingual treaties — Vienna Convention, Article 33 — All authentic texts of a treaty possess equal authority — Discrepancy between texts — Duty to resolve discrepancy by adopting meaning which best reconciles the texts in the light of the object and purpose of the treaty — Whether original text of treaty possessing special weight — Whether customary law principles superseded by Vienna Convention

Consideration of preparatory work — Definition of travaux préparatoires — Whether legitimate for Tribunal to consider records of discussion at which one State Party not present — Importance of avoiding situation in which travaux preparatoires admissible against some parties but not others — Importance of drafts of clause in ascertaining meaning of clause in its final form

Treaties — Subsequent practice — As aid to interpretation — Need for practice to represent agreement, express or implied, between parties — Relevance of acts of one party in discharging its obligations under the treaty

Treaties — Termination — Whether agreement providing for issue of bonds discharged when bonds issued

Effect of treaties on third parties — Treaty relating to issue of bonds — Effect upon bondholders

Arbitration — In general — Function — Legal interest of Applicants — Whether genuine — Whether Tribunal being asked to decide academic question — Procedure — Evidence — Function of witness giving evidence in relation to travaux préparatoires of treaty

State succession — Public debt — Acknowledgment of Reich debts by Federal Republic of Germany

International law in general — Sources — Vienna Convention on the Law of Treaties, 1969

Type
Case Report
Copyright
© Cambridge University Press 1983

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