Chairman,
I shall now move on to the substantive chapters of the report.
Chapter IV: Subsequent agreements and subsequent practice in relation to the
interpretation of treaties
I will start first with Chapter IV of the report, which concerns the topic
“Subsequent agreements and subsequent practice in relation to the interpretation of
treaties”. (...) Draft conclusion 2: Subsequent agreements and subsequent practice as authentic
means of interpretation
Draft conclusion 2 reaffirms that subsequent agreements and subsequent practice
under article 31, paragraph 3(a) and (b) of the Vienna Convention are “authentic means
of interpretation”. (...) Draft conclusion 4: Definition of subsequent agreement and subsequent practice
Draft conclusion 4 defines the three different “subsequent” means of treaty
interpretation, namely “subsequent agreement” under article 31(3)(a), “subsequent
practice” under article 31, paragraph 3(b), and other subsequent practice under article 32.
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For all three “means of interpretation”, the term “subsequent” refers to acts occurring
after the conclusion of a treaty, which is often earlier than a treaty’s entry into force.
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Draft conclusion 6 is entitled “Identification of subsequent agreements and
subsequent practice”. Its purpose is to indicate that subsequent agreements and
subsequent practice, as means of interpretation must be identified as such. (...) Draft conclusion 7 deals with the “Possible effects of subsequent agreements
and subsequent practice in interpretation”. It seeks to indicate how subsequent
agreements and subsequent practice may contribute to the clarification of the meaning of
a treaty.
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Conclusion 6 is based on differentiation of interpretation and application of the treaty in
the process of identification of subsequent agreements and subsequent practice under article
31 paragraph 3 and subsequent practice under article 32. (...) We look forward for the report on the question of subsequent agreements and
subsequent practice relating to international organizations (we hope that the EU member states
practice will be carefully studied, like famous Luxemburg compromise). (...) However in our opinion, conclusion 8 would be more clear if it devoted
paragraph 1 only to the weight of a subsequent agreement, and paragraph 2 to subsequent
practice.
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Only one temporally subsequent frame is used and no backward reference frame element is coded. (...) Hannuksela, “Prediction from Temporally Subsequent Pictures”, ITU-T SG16/Q15-K38, Aug. 2000.
[3] M. (...) RAM memory required:
Memory is required to store the additional temporally subsequent pictures.
ROM (table) memory required: not required
Algorithmic delay:
Additional delay is required for multiple temporally subsequent reference pictures.
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In my intervention I will address Chapter IV of the ILC Report on
“Subsequent agreements and subsequent practice in relation to the interpretation of treaties”.
(...) It
is no doubt that subsequent agreements and subsequent practice constitute objective evidence
of the understanding of the parties as to the meaning of the treaty and thus amount to
authentic means of interpretation. (...) We find very helpful the Commission’s attempt to elucidate the terms “subsequent
agreements” and “subsequent practice” in a narrow sense under Article 31 of the Vienna
Convention and a broader concept of subsequent practice falling within the ambit of Article
32 of the Convention.
3
The Commission makes a distinction between mandatory character of primary means and
discretionary character of supplementary means of interpretation.
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The Committee encourages the Parties to learn from good practices in meeting the Convention’s standards during the COVID-19 pandemic and in the subsequent economic recovery phase, and invites them to seek advice from the Committee if needed. (...) The Committee emphasises that even in the case of a crisis such as the COVID-19 pandemic and the subsequent economic recovery phase, the binding rights set out in the Convention cannot be reduced or curtailed. (...) The Committee emphasises that the Convention applies in full and with equal force during the COVID-19 pandemic and in the subsequent economic recovery phase, and that the binding rights set out in the Convention cannot be reduced or curtailed.
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Section 3 discusses the rounding aspects and section 4 gives an analysis of the interpolation complexity in the decoder.
2 Interpolation Schemes
2.1 Subsequent Interpolation
Figure 1 shows the subsequent interpolation scheme.
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tap Filter
2
-
tap Bilinear Filter
1:1
2:1
4:1
resolution
frame
Figure 1: Subsequent interpolation scheme of TML for 1/4-pel interpolation.
(...) In order to achieve this, the rounding process of the subsequent interpolation scheme has to be adapted.
In Q15K59 the rounding method in the subsequent interpolation scheme that is used in TML-5 is described in detail. (...) Thus the rounding method of the subsequent interpolation in TML-6 was changed in order to avoid mismatches.
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Allow me first to congratulate the Commission, Professor Nolte and all of
us on conclusion of the work on the topic of Subsequent agreements and
subsequent practice in relation to the interpretation of treaties. (...) We consider this to be a key
distinction between subsequent agreement and subsequent practice. Agreement,
unlike practice, position, attitude or approach, is premised on acceptance of one
State’s practice by other States. (...) Subparagraph c) of paragraph 1 of conclusion 11 should be read together
with conclusion 6 on subsequent agreements and subsequent practice in relation
to the interpretation of treaties.
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Chairman,
With regard to Chapter IV "Subsequent agreements and subsequent practice in relation to the interpretation of treaties", we are grateful to Mr. (...) With regard to draft 'conclusion NO. 3; we consider that using the terms "authenfic meaWs'' whOharefefrihg to subsequent agreements and subsequent practice may' create cbhfuSiOn relating to the authenticity that the other^means of Article 31 also have, as general rules of treaty interpretation. (...) That is clear in the commentaries but not in the draft conclusions, which only, refer to the authenticity of subsequent agreements and subsequent practice'without referring to the equal authenticity of the other means.
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The Study Group considered the third report also prepared by the Chairman
which covers subsequent agreements and subsequent practice of States outside judicial
and quasi-judicial proceedings. (...) Nolte as Special Rapporteur for the topic
"Subsequent Agreements and Subsequent Practice in Relation to the Interpretation of
Treaties." (...) Nolte, will
further discuss and elaborate on this topic in order to provide a useful tool to interpret
the legal effect of subsequent agreements and subsequent practice prescribed in the
VCLT.
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; .
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