Aplicación de tratados sucesivos concernientes a la misma materia. Análisis del artículo 30 de la Convención de Viena sobre Derechos de los Tratados

Abstract

One of the most complex problems in the Law of Treaties is that relating to the determination of what treaty applies in the event that there are successive treaty provisions regulating the same subject matter which become incompatible. Problem is solved when the treaties themselves have foreseen this eventuality in the same treaty. But that is complicated by the absence of a relationship clause, especially if there is no identity of parties between the successive treaties relating the same subject­matter. Article 30 of the Vienna Convention on the Law of Treaties of 1969 aims to systematically establish the rules to be taken into account in determining what treaty applies. However, under its apparent simplicity, this provision hides a complex casuistry, full of references, with undeniable technical and congenital defects and notable absences such —as the lex specialis rule—. The purpose of this work is to analyze in detail the five paragraphs of the article 30 in order to shed light on this subject.