Addressing the Relation Between Treaties by Means of 'Saving Clauses'

This paper survey the role that “saving clauses” play in systematizing the inter-relationship of treaties. It is divided into two main parts. The first part focuses on treaty clauses aiming at defining the content of a treaty and providing in different ways for the possible application of further rules of international law to particular aspects of the subject matter. Treaty clauses recognising special rules are specifically considered, as well as provisions allowing for rules supplementing and strengthening the treaty regime. The second part analyses two models of conflict clauses: subordination and harmonization clauses. While subordination clauses give prevalence to other treaties in case of overlap, harmonization clauses call for their reciprocal coordination. Recent treaty practice regarding saving clauses shows an increasingly holistic approach to the issue of the inter-relationship of treaties. At the same time, their potentiality has not yet been fully exploited in the interpretation and application of treaties.