TRAVAUX PREPARATOIRES: APPLICATION BY THE INTERNATIONAL COURT OF JUSTICE IN INTERPRETATION OF INTERNATIONAL LAW

Abstract

The article is devoted to the analysis of the nature, essence and mechanism of the application of travaux preparatoires by the International Court of Justice (ICJ) in the process of interpreting the international law. It is proved that the interpretational practice of the ICJ shows the extension of the doctrinal approaches of the traditional perception of travaux preparatoires as an auxiliary tool. It has been established that the ICJ uses travaux preparatoires 1 to identify the intent of the legislator; 2 to provide advisory opinions; 3 to clarify the intentions of the parties to the treaty; 4) to determine the jurisdiction of the ICJ; 5) to identify the true intentions of the parties to the dispute; 6) to decide questions regarding the text, context, purpose and object of the treaty as a general rule of interpretation, fixed in Art. 31 of the Vienna Convention on the Law of Treaties, 1969.