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travaux préparatoires

French · TRA-voh pray-PA-ra-twahr · International law

Meaning. The preparatory work of a treaty or statute, such as drafts, debates and records of negotiation.

Under the Vienna Convention on the Law of Treaties, 1969, a treaty is interpreted first by the ordinary meaning of its terms in context and in light of its object and purpose (Article 31). The travaux préparatoires are a supplementary means of interpretation (Article 32): they may be used to confirm the meaning, or to determine it where the ordinary meaning is ambiguous or leads to a manifestly absurd result.

In Indian constitutional and statutory interpretation, the Constituent Assembly Debates and committee reports play a similar role: they are admissible as external aids to understand the background and purpose, but not to override clear text.

Example

Since Article 31 left the term ambiguous, the tribunal turned to the travaux préparatoires under Article 32 of the Vienna Convention.

In Indian law

  • Articles 31 and 32, Vienna Convention on the Law of Treaties, 1969

See also

treaty · external aids to interpretation · purposive interpretation

Read more in the study notes

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