Is the Vienna Convention Hostile to Drafting History: A Response to Julian Davis Mortenson
12 Pages Posted: 2 Feb 2014
Date Written: February 1, 2014
Julian D. Mortenson has written an article for the most recent issue of the American Journal of International Law which he has furnished with the title "The Travaux of Travaux: Is the Vienna Convention Hostile to Drafting History?" The article suggests a reading of Articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties that is radically different from the one generally assumed. As argued in this working paper, Mortenson’s article builds on assumptions that are either fundamentally flawed or seriously debatable.
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