Implied Terms In Treaties

Abstract

Can treaty terms be implied? And, if so, what does that mean? This Article draws on concepts from the branch of linguistics known as pragmatics to analyze how the rules on treaty interpretation allow, in exceptional cases, for the identification of implied terms in otherwise express treaty texts. Its key insight is that implied terms fit within the framework of Articles 31 and 32 of the Vienna Convention on the Law of Treaties and are derived from the associated interpretation of express terms. They cannot be derived from a separate process—and indeed such a separate process is not possible under the positive law.