118. 各国在双边条约中关于领事规定的实践前后不太一致。
The practice of States relating to the consular provisions in bilateral treaties is not very coherent.
需要掌握更多的资料，特别是关于近期惯例的资料。
More information, and particularly upon recent practice, is needed.
条款草案8
Draft article 8 Mode of suspension or termination
发生武装冲突时，中止或终止的方式应与《维也纳条约法公约》第42条至45条规定的中止或终止形式相同。
In case of an armed conflict the mode of suspension or termination shall be the same as in those forms of suspension or termination included in the provisions of articles 42 to 45 of the Vienna Convention on the Law of Treaties.
119. 这一讨论的要点源于一种考虑，即中止和终止并不依照事实和法律的实施而发生。
The point in play here stems from the consideration that suspension or termination does not take place ipso facto and by operation of law.
因此，形式问题需要加以解决。
Accordingly, the question of form needs to be addressed.
应当注意的是，这一条文并未提议适用《维也纳公约》第42至第45条本身（见第73条）。
It is to be noted that this provision does not propose the application of articles 42 to 45 of the Vienna Convention as such (see art.
1. 因武装冲突而中止的条约应恢复实施，但这须根据缔约方在缔约时的意图确定。
The operation of a treaty suspended as a consequence of an armed conflict shall be resumed provided that this is determined in accordance with the intention of the parties at the time the treaty was concluded.
2. 对于因武装冲突而中止实施的条约，在恢复实施条约的可能性方面，条约缔约方的意图应根据以下因素确定：
The intention of the parties to a treaty, the operation of which has been suspended as a consequence of an armed conflict, concerning the susceptibility of the treaty to resumption of operation shall be determined in accordance:
(a) 《维也纳条约法公约》第31和32条的规定；和
(a) With the provisions of articles 31 and 32 of the Vienna Convention on the Law of Treaties;
120. 条款草案9是对条款草案4的进一步发展，为意图的一般标准奠定了基础。
Draft article 9 constitutes the further development of draft article 4, which lays down the general criterion of intention.
121. 《维也纳条约法公约》为双边和多边条约的解释制定了如下规则：
The Vienna Convention on the Law of Treaties provides the following rules on the interpretation of treaties, both bilateral and multilateral:
“第三十一条
“Article 31 “General rule of interpretation
“1. 条约应依其用语按其上下文并参照条约之目的及宗旨所具有之通常意义，善意解释之。
“1.
A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
“2. 就解释条约而言，上下文除指连同弁言及附件在内之约文外，并应包括：
“2.
The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:
“(a) 全体当事国间因缔结条约所订与条约有关之任何协定；
“(a) Any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty;
“(b) 一个以上当事国因缔结条约所订并经其他当事国接受为条约有关文书之任何文书。
“(b) Any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.
“3. 应与上下文一并考虑者尚有：
“3.
There shall be taken into account together with the context:
“(a) 当事国嗣后所订关于条约之解释或其规定之适用之任何协定；
“(a) Any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions;
“(b) 嗣后在条约适用方面确定各当事国对条约解释之协定之任何惯例；
“(b) Any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation;
“(c) 适用于当事国间关系之任何有关国际法规则。
“(c) Any relevant rules of international law applicable in the relations between the parties.
“4. 倘经确定当事国有此原意，条约用语应使其具有特殊意义。
“4.
“第三十二条
A special meaning shall be given to a term if it is established that the parties so intended.
“解释之补充资料
“Article 32 “Supplementary means of interpretation