CA-2024-001773 - [2025] EWCA Civ 1057

‘Article 31

General rule of interpretation

A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.

The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:

Any agreement relating to the treaty which was made between all the parties in connexion with the conclusion of the treaty;

Any instrument which was made by one or more parties in connexion with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.

There shall be taken into account, together with the context:

Any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions;

Any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation;

Any relevant rules of international law applicable in the relations between the parties.

A special meaning shall be given to a term if it is established that the parties so intended.