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8 Systemic Integration: An Operationalisation

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Chapter Summary

This chapter undertakes the application of the three-tiered framework of operationalisation developed for Article 31(3)(c) through a reinterpretation of the salient elements of the Article. Article 31(3)(c) provides that 'there shall be taken into account, together with the context, any relevant rules of international applicable in the relations between the parties'. The first tier of the framework of operationalisation is the identification of relevant rules. The second tier looks into the content and scope of the rules of international law 'applicable in the relations between the parties'. The final stage of the operationalisation is the systemic integration of these rules in accordance with the direction stipulated in Article 31(3)(c). This is undertaken in the third tier of the framework where the normative weight to be accorded to the relevant rules in the interpretative process shall amount to 'take into account together with the context' of the interpreted treaty.

Keywords: Article 31(3)(c); identification of relevant rules; interpreted treaty; relations between the parties; rules of international law; systemic integration



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