To interpret treaties, the VCLT places this form of interpretation as secondary to the ordinary meaning (see Articles 31 and 32).
In the Sigurjonsson v. Iceland case, the European Court of Human Rights noted that the use of the travaux préparatoires in the earlier Young James and Wester case was not decisive but merely provided a working hypothesis. The preparatory work was legitimately invoked by the European Commission to show that the provision that "Every shall be free to leave any country, including his own", does not entitle a convicted prisoner to leave the country in which he is lawfully detained.[1]
An example of such interpretation was provided by Lord Diplock in the case Fothergill v Monarch Airlines Ltd [1981][2]
The travaux préparatoires are often available to the public on websites created for a specific treaty (such as the Rome Statute) or on the United Nations website.
The most well-known travaux are associated with the drafting of the Genocide Convention.[3]
Referencesedit
^Clare Ovey and Robin C.A.White (2002). Jacobs and White: European Convention on Human Rights. Oxford University Press. pp. 29–30. ISBN0-19-876-5800.
^HL. AC 251 (1981). "Law report". {{cite journal}}: Cite journal requires |journal= (help)CS1 maint: numeric names: authors list (link)
^"The Genocide Convention: The Travaux Préparatoires (2 vols) | Brill". www.brill.com. Retrieved 2016-11-04.
Jonathon Green, Dictionary of Jargon, Routledge, 1987, ISBN0-7100-9919-3, p. 567.
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travaux, préparatoires, travaux, préparatoires, french, preparatory, works, plural, official, record, negotiation, sometimes, published, travaux, often, useful, clarifying, intentions, treaty, other, instrument, reflected, article, vienna, convention, treaties. The travaux preparatoires French preparatory works in the plural are the official record of a negotiation Sometimes published the travaux are often useful in clarifying the intentions of a treaty or other instrument as is reflected in Article 32 of the Vienna Convention on the Law of Treaties VCLT To interpret treaties the VCLT places this form of interpretation as secondary to the ordinary meaning see Articles 31 and 32 In the Sigurjonsson v Iceland case the European Court of Human Rights noted that the use of the travaux preparatoires in the earlier Young James and Wester case was not decisive but merely provided a working hypothesis The preparatory work was legitimately invoked by the European Commission to show that the provision that Every shall be free to leave any country including his own does not entitle a convicted prisoner to leave the country in which he is lawfully detained 1 An example of such interpretation was provided by Lord Diplock in the case Fothergill v Monarch Airlines Ltd 1981 2 The travaux preparatoires are often available to the public on websites created for a specific treaty such as the Rome Statute or on the United Nations website The most well known travaux are associated with the drafting of the Genocide Convention 3 References edit Clare Ovey and Robin C A White 2002 Jacobs and White European Convention on Human Rights Oxford University Press pp 29 30 ISBN 0 19 876 5800 HL AC 251 1981 Law report a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help CS1 maint numeric names authors list link The Genocide Convention The Travaux Preparatoires 2 vols Brill www brill com Retrieved 2016 11 04 Jonathon Green Dictionary of Jargon Routledge 1987 ISBN 0 7100 9919 3 p 567 nbsp This legal term article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Travaux preparatoires amp oldid 1103537618, wikipedia, wiki, book, books, library,
