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Treaties and Subsequent Practice (Hardcover)
Loot Price: R4,263
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Treaties and Subsequent Practice (Hardcover)
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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 It also includes two previously unpublished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.
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