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BOOK EXCERPT:
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 shed light 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 chapters examining 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 of whether 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 It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.
Product Details :
Genre |
: Law |
Author |
: Georg Nolte |
Publisher |
: OUP Oxford |
Release |
: 2013-06-13 |
File |
: 2459 Pages |
ISBN-13 |
: 9780191668425 |
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BOOK EXCERPT:
While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.
Product Details :
Genre |
: Law |
Author |
: Irina Buga |
Publisher |
: Oxford University Press |
Release |
: 2018-04-04 |
File |
: 514 Pages |
ISBN-13 |
: 9780191091919 |
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BOOK EXCERPT:
The book analyses how subsequent agreements and subsequent practice as defined in articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties have been applied in interpretative reality. Based on the jurisprudence of domestic courts, it elucidates the distribution of power between the parties to a treaty and other actors. To start with, the book traces the origins of subsequent agreements and subsequent practice and places them in their broader legal context. Next, it explores the legal status and effects of subsequent agreements and subsequent practice, explains why such agreements are only rarely used, and defines the relevance of non-party practice in the interpretative process. In closing, it critically examines how domestic courts have approached the normative heart of subsequent practice, i.e. the notion of ‘agreement’. Thus, this book ultimately challenges the traditional assumption that the parties are the joint masters of the treaty.
Product Details :
Genre |
: Law |
Author |
: Katharina Berner |
Publisher |
: Springer |
Release |
: 2017-11-21 |
File |
: 340 Pages |
ISBN-13 |
: 9783662549377 |
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BOOK EXCERPT:
Interpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.
Product Details :
Genre |
: Political Science |
Author |
: M. Fitzmaurice |
Publisher |
: BRILL |
Release |
: 2010 |
File |
: 397 Pages |
ISBN-13 |
: 9789004181045 |
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BOOK EXCERPT:
Subsequent practice by states is crucial to the interpretation of treaties. This book examines its potential to serve as a substitute for formal treaty amendments. It combines both practical and theoretical contributions on the subject and includes the reports of the International Law Commission's 'Treaties over Time' programme.
Product Details :
Genre |
: Law |
Author |
: Georg Nolte |
Publisher |
: Oxford University Press |
Release |
: 2013-06-13 |
File |
: 432 Pages |
ISBN-13 |
: 9780199679195 |
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BOOK EXCERPT:
This book explains the rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. The rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties now apply to virtually all treaties which may be encountered in an international context and also within national legal systems where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, and also some administrators, diplomats, and officials at international organisations, are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Now that the codified rules of treaty interpretation have been in force for some twenty-five years, there is a considerable body of case law on their application. This case law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
Product Details :
Genre |
: Law |
Author |
: Richard Gardiner |
Publisher |
: OUP Oxford |
Release |
: 2008-06-19 |
File |
: 1830 Pages |
ISBN-13 |
: 9780191021671 |
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BOOK EXCERPT:
The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
Product Details :
Genre |
: Law |
Author |
: Richard K. Gardiner |
Publisher |
: Oxford University Press, USA |
Release |
: 2015 |
File |
: 577 Pages |
ISBN-13 |
: 9780199669233 |
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BOOK EXCERPT:
In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.
Product Details :
Genre |
: Law |
Author |
: Michael J. Bowman |
Publisher |
: Cambridge University Press |
Release |
: 2018-10-25 |
File |
: 1171 Pages |
ISBN-13 |
: 9781107100527 |
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BOOK EXCERPT:
This book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that 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. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (such as the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.
Product Details :
Genre |
: Law |
Author |
: Chang-fa Lo |
Publisher |
: Springer |
Release |
: 2017-10-31 |
File |
: 368 Pages |
ISBN-13 |
: 9789811068669 |
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BOOK EXCERPT:
The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.
Product Details :
Genre |
: Law |
Author |
: Malgosia Fitzmaurice |
Publisher |
: Cambridge University Press |
Release |
: 2020-06-25 |
File |
: 427 Pages |
ISBN-13 |
: 9781108495882 |