Let us now look at the interpretation of international treaties. International treaties are formal agreements between sovereign states or countries.
These treaties can be on a wide variety of subjects – like trade, culture, human rights, environment. They can also be peace treaties to end a conflict or prevent future hostilities.
Treaties can have a significant role in the foreign trade policies and international legal obligations; and they can also significantly influence national laws as well.
For example, India is a party to several international agreements under the world trade organization – and on the basis of these agreements, changes have been made to our trade policies, our intellectual property laws and regulatory standards as well.
International treaties can be bilateral – i.e. between two countries; or it can be multi-lateral – i.e. between three or more sovereign states.
The Vienna Convention on the Law of Treaties is a key international agreement that provides a comprehensive framework for the creation, interpretation, and enforcement of treaties.
Section 3 of the document specifically covers the Interpretation of Treaties, under:
Article 31 - General rule of interpretation
Article 32 - Supplementary means of interpretation AND
Article 33 - Interpretation of treaties authenticated in two or more languages
Article 31 says that the treaty should be interpreted in good faith and ordinary or normal meanings should be given to the terms used in the treaty.
Only if the parties to the treaty specifically intended to do so, special meanings should be given to any terms.
While interpreting the treaty, the complete text should be taken into consideration, including the preamble and any annexes.
Also to be considered during interpretation are
- any other agreements made by the parties in the process of concluding the treaty.
- And any agreements made by the parties after the conclusion of the treaty.
As long as all the parties to the treaty accept these other agreements.
One more important point to be taken into consideration while interpreting treaties is any international laws that are applicable in the situation.
Article 32 talks about any other supplementary material, including the preparatory work of the treaty – which can be used for interpretation, if the interpretation under section 31 is leading to ambiguous, absurd or unreasonable meanings.
And article 33 addresses situations where a treaty has been authenticated in multiple languages – which may be the official languages of the respective countries.
It simply says that every authenticated version will be valid – irrespective of the language – if these versions are as agreed at the time of concluding the treaty.
If subsequent interpretation is leading to a different interpretation of the different language versions of the treaty, then the interpretation that best reconciles the different versions shall be adopted – as long as this interpretation is in accordance to the object and the purpose of the treaty.
For example, if a treaty between England and France was concluded in English and French versions – and both versions were agreed and concluded upon – and many years later, due to changes in the language – or other changes in the society, there is a difference in the interpretation of the versions of the treaty, then the interpretation that best reconciles the differences should be adopted – as long as this interpretation is still meeting the object and the purpose of the original treaty.

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