Travaux préparatoires
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The travaux préparatoires ( French: "preparatory works", in the
plural The plural (sometimes abbreviated pl., pl, or ), in many languages, is one of the values of the grammatical category of number. The plural of a noun typically denotes a quantity greater than the default quantity represented by that noun. This de ...
) are the official record of a
negotiation Negotiation is a dialogue between two or more people or parties to reach the desired outcome regarding one or more issues of conflict. It is an interaction between entities who aspire to agree on matters of mutual interest. The agreement c ...
. Sometimes published, the "travaux" are often useful in clarifying the intentions of a
treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
or other instrument, as is reflected in Article 32 of the
Vienna Convention on the Law of Treaties The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are define ...
(VCLT). To interpret treaties, the VCLT places this form of interpretation as secondary to the ordinary meaning (see Articles 31 and 32). In the Sigurjonsson v. Iceland case, the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
noted that the use of the travaux préparatoires in the earlier Young James and Wester case was not decisive but merely provided a working hypothesis. The preparatory work was legitimately invoked by the European Commission to show that the provision that "Every shall be free to leave any country, including his own", does not entitle a convicted prisoner to leave the country in which he is lawfully detained. An example of such interpretation was provided by
Lord Diplock William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1 ...
in the case ''Fothergill v Monarch Airlines Ltd''
981 Year 981 ( CMLXXXI) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events Births * Abu'l-Qasim al-Husayn ibn Ali al-Maghribi, Arab statesman (d. 1027) * Giovanni Orseolo, Venetian ...
The ''travaux préparatoires'' are often available to the public on websites created for a specific treaty (such as the
Rome Statute The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
) or on the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
website. The most well-known ''travaux'' are associated with the drafting of the
Genocide Convention The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...
.


References

* Jonathon Green, Dictionary of Jargon, Routledge, 1987, , p. 567. French legal terminology {{law-term-stub