3.
There shall be taken into account, together with the
context:
(a)
Any subsequent agreement between the parties
regarding the interpretation of the treaty or the
application of its provisions;
(b)
Any subsequent practice in the application of the
treaty which establishes the agreement of the parties
regarding its interpretation;
(c)
Any relevant rules of international law applicable
in the relations between the parties.
4.
A special meaning shall be given to a term if it is
established that the parties so intended.
Article 32. Supplementary Means of Interpretation
Recourse may be had to supplementary means of interpretation,
including the preparatory work of the treaty and the
circumstances of its conclusion, in order to confirm the
meaning resulting from the application of article 31, or to
determine the meaning when the interpretation according to
article 31:
(a)
Leaves the meaning ambiguous or obscure; or
(b)
Leads to a result which is manifestly absurd or
unreasonable.”
Ordinary meaning
24.
On behalf of the appellant, Mr Powles submits that the ordinary meaning of
both article 1, UNCAT and section 134 CJA is such that section 134 applies only to
those acting for or on behalf of the government of a State. He points out, correctly,
that while article 1(2) UNCAT is without prejudice to national legislation which
does or may contain provisions of wider application, section 134 is not drafted in
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