Interpretation of Secondary Instruments in International Law

• Authors: Costelloe Daniel , Fitzmaurice Malgosia
• Languages of publication: EN

Abstracts

EN

This article explores the legal principles that govern the interpretation of “secondary instruments” in international law. A “secondary instrument” under international law is, for the purposes of this article, a written document adopted by a body empowered by a treaty to take action with respect to the treaty, but which is not itself a treaty. Such instruments find increasing application in international law. The article specifically examines the interpretation of secondary instruments arising in five settings in international practice: the United Nations Security Council, the International Maritime Organization, the International Seabed Authority, the International Whaling Commission, and conferences/meetings of the parties under multilateral treaties. This selection of practice will serve to illustrate principles of interpretation across a range of international institutional settings for the purpose of determining the rights and obligations of state-parties to a treaty regime.

Keywords

EN

conference of the parties; International Maritime Organization; International Seabed Authority; International Whaling Commission; interpretation; multilateral environmental treaty; secondary instrument; Security Council; VCLT

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Polish Yearbook of International Law
• Year: 2015
• Volume: 35
• Pages: 47-82

Dates

published

2016-07-26

Contributors

author

Costelloe Daniel

• Wilmer Cutler Pickering Hale and Dorr LLP, London

author

Fitzmaurice Malgosia

• School of Law, Queen Mary University of London

Identifiers

DOI

10.7420/pyoil2015b