5 Ramsar Convention: Rules of International Law Applicable in the Relations between the Parties

Abstract

A review of existing interpretation of Article 31(3)(c) of 1969 Vienna Convention revealed that a separate interpretation of selected terminologies of the Article, such as 'applicable' and 'the parties', is incapable of operationalising the Article to reflect the principle of systemic integration. What is 'applicable in the relations between the parties' depends on the external rule of international law sought to be taken into account in the interpretative process. The nature of the 'relevant rule of international law' determines whether it is applicable in the relations between the parties. This chapter undertakes an assessment of Articles 2.1 and 4.1 of the Ramsar Convention, identified as relevant in Chapter 2 through an interactional framework developed in Chapter 4. The assessment aims to ascertain the normative scope and content of these rules through three components of an interactional theory of international law: shared understanding, criteria of legality, and the practice of legality.Keywords: criteria of legality; interactional theory of international law; practice of legality; Ramsar Convention; relations between the parties; rules of international law; shared understanding; Vienna Convention