The International Law Commission (ILC) recently released a set of draft conclusions on subsequent agreements and subsequent practice. These conclusions aim to clarify the legal implications of subsequent agreements and subsequent practice on the interpretation and application of international treaties. This article will discuss the key takeaways from the draft conclusions and their implications for international law.

Firstly, the ILC notes that subsequent agreements between parties to a treaty can modify, interpret or even terminate certain provisions of the original treaty. This means that subsequent agreements must be taken into account when interpreting the original treaty and its provisions. Additionally, the ILC states that parties to a treaty have the freedom to enter into subsequent agreements that modify or terminate the original treaty, provided that they do not violate the principles of international law.

Secondly, the draft conclusions emphasize the importance of subsequent practice in the interpretation and application of international treaties. Subsequent practice refers to the conduct of parties to a treaty that can influence the interpretation of the treaty’s provisions. This can include the way in which the treaty is implemented and the behavior of parties in relation to the treaty. Subsequent practice can also provide evidence of the existence of customary international law.

The ILC notes that in order for subsequent practice to be relevant in the interpretation of a treaty, it must be consistent and uniform. This means that the practice must be widespread and consistent over a significant period of time. Additionally, the practice must be undertaken by a sufficient number of parties to the treaty to reflect a common understanding of the treaty’s provisions.

Lastly, the ILC highlights the importance of transparency in subsequent agreements and subsequent practice. Parties to a treaty must be transparent in their subsequent agreements and practice, and must communicate these to other parties. This includes publishing any subsequent agreements and providing information about subsequent practice to other parties to the treaty.

In conclusion, the ILC draft conclusions on subsequent agreements and subsequent practice provide important guidance on the interpretation and application of international treaties. The conclusions emphasize the importance of subsequent agreements and practice in the interpretation of treaties, and highlight the need for transparency in these agreements and practices. These conclusions will be useful for international lawyers, diplomats, and policymakers in their work on international treaties and agreements.