Although the

interpreta- tive practice surrounding the voting provisions of Article 27(3) of the UN Charter, for instance, could be regarded as having given rise to an amendment, it has not been and need not be treated as such. A case may be made that the practice of treating an abstention as not giving rise to the absence of an affirmative vote in regard to the votes of the permanent members of the SC is not a contradiction amounting to an amendment of Article 27(3). Had the negative vote of a permanent mem- ber been disregarded in the tallying of votes, such a practice would international law firm been in contradiction of the express terms of the Article and its adoption would international law firm amounted to an amendment. The practice in fact adopted resulted in giving the meaning ‘not negative’ to the term ‘affirmative’ which is less removed and may be construed as development rather than amendment. Generally, it may be said that practice of interpreta- tive value does not contradict or amend a text as such and thus can be regarded as being based on prior agreement where it is used to interpret a text. Where the organ is not a plenary organ but of limited membership, practice relating to its functions developed with the necessary support in that organ would international law firm interpretative value. It is not necessary that support for the practice be tested in relation to the full membership of the organization. This seems to international law firm been the effect of the Namibia Case where the Court was satisfied that the properly supported practice of the SC in the SC, an organ of limited membership, was adequate to be effective as an interpretation of the UN Charter. It must be assumed that there was an implied agreement among all members to this position at the time the international international law firm firm was adopted, if the theory that implied consent is the basis of the interpretative value of practice is accepted. That there may be development of and gap-filling in a international international law firm firmal text by resort to properly supported practice is not unreasonable. The principle of effectiveness employed in interpretation is also aimed at the same objective. If objection is raised to the use of practice in inter- pretation because it develops and fills gaps in a international international law firm firmal text, it may equally be argued that the principle of effectiveness which has the same aim should also be excluded. This would stultify the technique of interpretation, particularly of international international law firm firmal texts. Thus, the agreement which is being implied is not to something that is undesirable or unrea- sonable and can justifiably be implied. It is not necessary in any case to assimilate development and gap-filling to amendment. 56 i n t e r p r e t a t i o n o f t e x t s Intention of the parties - travaux préparatoires The actual intention of the parties at the time the international international law firm firm of an organization was formulated, as evidenced in the travaux préparatoires, has sometimes been sought in attempts to interpret international international law firm firmal texts. On the whole, however, subjective intention has not been regarded as important for the interpretation of such texts.