Treaties And Subsequent Practice
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Treaties And Subsequent Practice
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Author : Georg Nolte
language : en
Publisher: OUP Oxford
Release Date : 2013-06-13
Treaties And Subsequent Practice written by Georg Nolte and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-13 with Law categories.
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 It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.
Modification Of Treaties By Subsequent Practice
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Author : Irina Buga
language : en
Publisher: Oxford University Press
Release Date : 2018
Modification Of Treaties By Subsequent Practice written by Irina Buga and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
This book explores the process of treaty modification by subsequent practice, explaining how such practice can significantly revise treaty obligations or even create new ones, allowing evolution of the law.
Subsequent Agreements And Subsequent Practice In Domestic Courts
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Author : Katharina Berner
language : en
Publisher: Springer
Release Date : 2017-11-21
Subsequent Agreements And Subsequent Practice In Domestic Courts written by Katharina Berner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-21 with Law categories.
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.
Treaties And Their Practice
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Author : Georg Nolte
language : en
Publisher: BRILL
Release Date : 2019-03-25
Treaties And Their Practice written by Georg Nolte and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-25 with Law categories.
The book describes the development of certain important treaties from the perspective of their practice, with a view to assessing whether these treaties are, or have been, on the “rise” or in “decline”. Following a glance at major European peace treaties prior to the UN Charter, the book focuses on developments over the last thirty years with respect to the UN Charter and its rules on the use of force, human rights treaties, the WTO agreements, investment treaties, and environmental treaties. It looks at these treaties from the perspective of an observer as well as from the perspective of a practitioner who is called to apply a treaty, taking into account the rules of interpretation under the Vienna Convention on the Law of Treaties. The book describes, in particular, how the International Law Commission has elucidated the significance of the rules of interpretation in its conclusions on “Subsequent agreements and subsequent practice in relation to the interpretation of treaties” (2018), and it connects this work with the broader developments.
The Modification Of Treaties By Subsequent Practice
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Author : BUGA.
language : en
Publisher:
Release Date : 2014
The Modification Of Treaties By Subsequent Practice written by BUGA. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Treaty Interpretation
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Author : Richard Gardiner
language : en
Publisher: OUP Oxford
Release Date : 2015-06-18
Treaty Interpretation written by Richard Gardiner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-18 with Political Science categories.
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.
Interpretation Of Treaties
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Author : Ravi Sharma Aryal
language : en
Publisher: Deep and Deep Publications
Release Date : 2003
Interpretation Of Treaties written by Ravi Sharma Aryal and has been published by Deep and Deep Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Treaties categories.
This Book Includes The Evolution Interpretation And The Approaches Of Treaties Interpretation And Also Covers A Study Of The Provisions Relating To Rules Of Interpretation Including The Interpretation Of Treaties Authenticated In Two Or More Languages.
Static And Evolutive Treaty Interpretation
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Author : Christian Djeffal
language : en
Publisher: Cambridge University Press
Release Date : 2016
Static And Evolutive Treaty Interpretation written by Christian Djeffal and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.
Demystifying Treaty Interpretation
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Author : Andrea Bianchi
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-31
Demystifying Treaty Interpretation written by Andrea Bianchi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-31 with Law categories.
Helps the reader better understand what it is that international lawyers do when interpreting a treaty.
The Evolutionary Interpretation Of Treaties
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Author : Eirik Bjorge
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
The Evolutionary Interpretation Of Treaties written by Eirik Bjorge and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
The question of whether the meaning of terms used in treaties can evolve over time is highly contentious within international law. This book examines how treaties should be interpreted, and how best to marry the intention of the parties to the treaty with the changing socio-political context over time.