“The Vienna Convention’s articles on treaty interpretation were adopted by unanimous vote and largely reflect preexisting customary international law. Nonetheless, there was extensive discussion at the drafting conference both on the formation of Article 31 and 32 and whether to include them at all. The principal issue to be resolved was whether and to what extent the intentions of the parties and the object and purpose of an agreement should supplement consideration of the text of the treaty in the process of interpretation. The final commentary to Articles 31 and 32 notes:
(2) Jurists also differ to some extent in their basic approach to the interpretation of treaties according to the relative weight which they give to:
(a) The text of the treaty as the authentic expression of the intentions of the parties;
(b) The intentions of the parties as a subjective element distinct from the text; and
(c) The declared or apparent objects and purposes of the treaty.
Some place the main emphasis on the intentions of the parties and in consequence admit a liberal recourse to the travaux preparatoires [the preparatory work of the treaty] and to other evidence of the intention of the contracting States as means of interpretation. Some give weight to the object and purpose of the treaty and are in consequence more ready, especially in the case of general multilateral treaties, to admit teleological interpretations of the text which go beyond, or even diverge from, the original intentions of the parties as expressed in the text. The majority, however, emphasizes the primacy of the text as the basis for the interpretation of a treaty, while at the same time giving a certain place to extrinsic evidence of the intentions of the parties and to the object and purposes of the treaty as means of interpretation.”
— Aspen Publishers’ Internal Law: Norms, Actors, Processes 3rd Ed.
(This is the sort of thing I now, as per class, spend most of my time reading and is why I haven’t posted all that much lately, aside from reblogs. I think it’s fascinating but I feel like it would be unappreciated generally, so I’m refraining. My apologies for the lack of posts, though.)