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Treaties and Subsequent Practice

Nolte Georg
Innbundet / 2013 / Engelsk

Produktdetaljer

ISBN
9780199679195
Publisert
2013
Utgiver
Oxford University Press
Vekt
922 gr
Høyde
249 mm
Bredde
181 mm
Dybde
30 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
432

Redaktør
Nolte Georg

Biografisk notat

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 Charter (3rd edition, 2012).

Treaties and Subsequent Practice

Nolte Georg
Innbundet / 2013 / Engelsk
Nolte Georg
Innbundet / 2013 / Engelsk
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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 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 It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.
Les mer
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.
Les mer
1. Introduction ; PART 1: SUBSEQUENT PRACTICE AMONG THE DIFFERENT MEANS OF INTERPRETATION ; 2. Subsequent Agreements and Practice within the Vienna Convention ; 3. Keeping Subsequent Agreements and Practice in Their Right Limits ; 4. Subsequent Agreements and Practice from a Consensualist Perspective ; 5. Some Problems Arising in Connection with Subsequent Agreements and Practice ; PART 2: THE SIGNIFICANCE OF SUBSEQUENT PRACTICE IN DIFFERENT AREAS OF INTERNATIONAL LAW ; 6. Subsequent Practice, Practices and 'Family Resemblance': Towards Embedding Subsequent Practice in its Operative Milieu ; 7. The Relevance of Subsequent Agreements and Practice for Treaty Law to Date and in the Future ; 8. Subsequent Practice: The Battle over Interpretive Power ; 9. TBC ; PART 3: SUBSEQUENT PRACTICE BETWEEN INTERPRETATION, INFORMAL MODIFICATION, AND FORMAL AMENDMENT ; 10. Subsequent Agreements and Practice: Between Interpretation, Informal Modification, and Formal Amendment ; 11. Subsequent Practice Between Interpretation, Informal Modification, and Formal Amendment: A Comment ; 12. Law, Time and Change: The Self-Regulatory Function of Subsequent Practice ; PART 4: SUBSEQUENT PRACTICE AND THE DOMESTIC LEVEL ; 13. Domestic Constitutional Concerns with Respect to the Use of Subsequent Agreements and Practice at the International Level ; 14. Subsequent Agreements and Practice: Domestic Constitutions, Courts, and Legitimacy ; 15. Treaty Interpretation, Subsequent Agreements and Practice, and Domestic Constitutions ; PART 5: ILC STUDY GROUP ON TREATIES OVER TIME ; Introductory Report of the Study Group on Treaties over Time ; Second Report of the ILC Study Group on Treaties over Time
Les mer
Comprehensively analyses the key role subsequent practice plays in the dynamic interpretation of international treaties Includes contributions by leading international lawyers addressing both practical cases and more theoretical assessments Includes two previously unpublished reports from the International Law Commission's 'Treaties over Time' study group
Les mer
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 Charter (3rd edition, 2012).
Les mer
Comprehensively analyses the key role subsequent practice plays in the dynamic interpretation of international treaties Includes contributions by leading international lawyers addressing both practical cases and more theoretical assessments Includes two previously unpublished reports from the International Law Commission's 'Treaties over Time' study group
Les mer

Relaterte produkter

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.
Les mer
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.
Les mer
1. Introduction ; PART 1: SUBSEQUENT PRACTICE AMONG THE DIFFERENT MEANS OF INTERPRETATION ; 2. Subsequent Agreements and Practice within the Vienna Convention ; 3. Keeping Subsequent Agreements and Practice in Their Right Limits ; 4. Subsequent Agreements and Practice from a Consensualist Perspective ; 5. Some Problems Arising in Connection with Subsequent Agreements and Practice ; PART 2: THE SIGNIFICANCE OF SUBSEQUENT PRACTICE IN DIFFERENT AREAS OF INTERNATIONAL LAW ; 6. Subsequent Practice, Practices and 'Family Resemblance': Towards Embedding Subsequent Practice in its Operative Milieu ; 7. The Relevance of Subsequent Agreements and Practice for Treaty Law to Date and in the Future ; 8. Subsequent Practice: The Battle over Interpretive Power ; 9. TBC ; PART 3: SUBSEQUENT PRACTICE BETWEEN INTERPRETATION, INFORMAL MODIFICATION, AND FORMAL AMENDMENT ; 10. Subsequent Agreements and Practice: Between Interpretation, Informal Modification, and Formal Amendment ; 11. Subsequent Practice Between Interpretation, Informal Modification, and Formal Amendment: A Comment ; 12. Law, Time and Change: The Self-Regulatory Function of Subsequent Practice ; PART 4: SUBSEQUENT PRACTICE AND THE DOMESTIC LEVEL ; 13. Domestic Constitutional Concerns with Respect to the Use of Subsequent Agreements and Practice at the International Level ; 14. Subsequent Agreements and Practice: Domestic Constitutions, Courts, and Legitimacy ; 15. Treaty Interpretation, Subsequent Agreements and Practice, and Domestic Constitutions ; PART 5: ILC STUDY GROUP ON TREATIES OVER TIME ; Introductory Report of the Study Group on Treaties over Time ; Second Report of the ILC Study Group on Treaties over Time
Les mer
Comprehensively analyses the key role subsequent practice plays in the dynamic interpretation of international treaties Includes contributions by leading international lawyers addressing both practical cases and more theoretical assessments Includes two previously unpublished reports from the International Law Commission's 'Treaties over Time' study group
Les mer
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 Charter (3rd edition, 2012).
Les mer
Comprehensively analyses the key role subsequent practice plays in the dynamic interpretation of international treaties Includes contributions by leading international lawyers addressing both practical cases and more theoretical assessments Includes two previously unpublished reports from the International Law Commission's 'Treaties over Time' study group
Les mer

Produktdetaljer

ISBN
9780199679195
Publisert
2013
Utgiver
Oxford University Press
Vekt
922 gr
Høyde
249 mm
Bredde
181 mm
Dybde
30 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
432

Redaktør
Nolte Georg

Biografisk notat

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 Charter (3rd edition, 2012).

Relaterte produkter