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Subsequent Agreements and Subsequent Practice in Domestic Courts (Hardcover, 1st ed. 2017)
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Subsequent Agreements and Subsequent Practice in Domestic Courts (Hardcover, 1st ed. 2017)
Series: Beitrage zum auslandischen oeffentlichen Recht und Voelkerrecht, 268
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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.
General
Imprint: |
Springer-Verlag
|
Country of origin: |
Germany |
Series: |
Beitrage zum auslandischen oeffentlichen Recht und Voelkerrecht, 268 |
Release date: |
November 2017 |
First published: |
2017 |
Authors: |
Katharina Berner
|
Dimensions: |
235 x 155mm (L x W) |
Format: |
Hardcover
|
Pages: |
300 |
Edition: |
1st ed. 2017 |
ISBN-13: |
978-3-662-54936-0 |
Categories: |
Books >
Law >
International law >
Public international law >
General
Promotions
|
LSN: |
3-662-54936-0 |
Barcode: |
9783662549360 |
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