Treaties and Subsequent Practice

Hardcover | July 13, 2013

EditorGeorg Nolte

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Under the relevant rules of international law, treaties are interpreted in accordance with the ordinary meaning of the language they use, their object and purpose, and the intention of the drafters, but also in light of the subsequent practice of its parties. This subsequent practice can shedlight on articles whose meaning is ambiguous and subsequent agreement can even alter the meaning of treaty provisions. At a time when many of the most important international treaties are more than fifty years old, subsequent practice plays an increasingly important role in their interpretation. Treaties and Subsequent Practice discusses the role and relevance of this subsequent practice in the process of dynamic treaty interpretation. The book provides a comprehensive treatment of this topic by eminent commentators, combining contributions which focus on practical cases with chaptersexamining the theoretical underpinnings of treaty interpretation. The concept of subsequent practice is situated in the more general context of treaty law and international law, looking at different cases and doctrinal questions to assess its policy dimensions. The book addresses the question ofwhether subsequent practice plays a more or less significant role in different areas of international law, and whether it can be employed as a partial substitute for formal treaty amendments. It also includes two previously unpublished reports issued by the International Law Commission's Study Groupon this topic.

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Under the relevant rules of international law, treaties are interpreted in accordance with the ordinary meaning of the language they use, their object and purpose, and the intention of the drafters, but also in light of the subsequent practice of its parties. This subsequent practice can shedlight on articles whose meaning is ambiguous...

Georg Nolte is Professor of International Law at the Humboldt University in Berlin. He is a member of the UN's International Law Commission and the chair of the Commission's Study Group on Treaties over Time. He has published widely in the field of general international law, and he is one of the co-editors of our Commentary on the UN C...

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Format:HardcoverDimensions:432 pages, 9.69 × 6.73 × 1.18 inPublished:July 13, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199679193

ISBN - 13:9780199679195

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Table of Contents

1. IntroductionPart 1: Subsequent Practice Among the Different Means of Interpretation2. Luigi Crema: Subsequent Agreements and Practice within the Vienna Convention3. Marcelo G. Kohen: Keeping Subsequent Agreements and Practice in Their Right Limits4. James Crawford: Subsequent Agreements and Practice from a Consensualist Perspective5. Bruno Simma: Some Problems Arising in Connection with Subsequent Agreements and PracticePart 2: The Significance of Subsequent Practice in Different Areas of International Law6. Laurence Boisson de Chazournes: Subsequent Practice, Practices and 'Family Resemblance': Towards Embedding Subsequent Practice in its Operative Milieu7. Sean D. Murphy: The Relevance of Subsequent Agreements and Practice for Treaty Law to Date and in the Future8. Anthea Roberts: Subsequent Practice: The Battle over Interpretive Power9. Campbell McLachlan: TBCPart 3: Subsequent Practice Between Interpretation, Informal Modification, and Formal Amendment10. Gerhard Hafner: Subsequent Agreements and Practice: Between Interpretation, Informal Modification, and Formal Amendment11. Jose E. Alvarez: Subsequent Practice Between Interpretation, Informal Modification, and Formal Amendment: A Comment12. Andrea Bianchi: Law, Time and Change: The Self-Regulatory Function of Subsequent PracticePart 4: Subsequent Practice and the Domestic Level13. Stefan Kadelbach: Domestic Constitutional Concerns with Respect to the Use of Subsequent Agreements and Practice at the International Level14. Helene Ruiz Fabri: Subsequent Agreements and Practice: Domestic Constitutions, Courts, and Legitimacy15. Ingrid Wuerth: Treaty Interpretation, Subsequent Agreements and Practice, and Domestic ConstitutionsPart 5: ILC Study Group on Treaties Over TimeIntroductory Report of the Study Group on Treaties over TimeSecond Report of the ILC Study Group on Treaties over Time