Case Concerning the Auditing of Accounts between the Kingdom of the Netherlands and the French Republic Pursuant to the Additional Protocol of 25 September 1991 to the Convention on the Protection of the Rhine Against Pollution by Chlorides of 3 December 1976

Abstract

Arbitration — Jurisdiction — Dispute between the Netherlands and France — Dispute concerning financing of operations contemplated by 1991 Additional Protocol to Convention on the Protection of the Rhine against Pollution by Chlorides, 1976 — Auditing of accounts — Dispute relating to calculation of amount France to repay the Netherlands — The Netherlands proposing calculation based on 61.5 French francs per ton of chlorides stored — France proposing calculation based on actual costs per unit — Annex III to Protocol concerning financial arrangements — Point 4.2.1 of Annex III to Protocol — Method of calculation — Submission of dispute to Arbitral Tribunal pursuant to Article 13 of Convention and Article 7 of Protocol — Article 13 of Convention — Annex B to Convention concerning arbitration

Rivers — Rhine — Environmental standards — Convention on the Protection of the Rhine against Pollution by Chlorides, 1976 — Distribution of costs between France and the Netherlands — Auditing of accounts

Treaties — Interpretation — Application — 1991 Additional Protocol to Convention on the Protection of the Rhine against Pollution by Chlorides, 1976 — Annex III to Protocol on financial arrangements — Auditing of accounts — Interpretation of point 4.2.1 of Annex III to Protocol — Interpretation of treaties in accordance with international law — Vienna Convention on the Law of Treaties, 1969 — Whether Articles 31 and 32 of Vienna Convention applicable — Whether codifying customary law — Whether general rule of interpretation in Article 31 forming integral whole — Basis for treaty interpretation — Relative importance of constituent elements of rule — Role of good faith — Relationship between Articles 31 and 32 — Subsequent practice of the Parties — Context of point 4.2.1 — Article 4 of Protocol — 1991 Declaration of the Heads of the Delegation — Object and purpose of Protocol — Relevant rules of international law — Supplementary means of interpretation — Point 4.2.1 of Annex III to Protocol providing for final auditing of accounts — Method of calculation — Reimbursement sum France obliged to pay the Netherlands