Irina Buga
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198787822
- eISBN:
- 9780191829888
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198787822.003.0003
- Subject:
- Law, Public International Law, Company and Commercial Law
This chapter surveys the degree of recognition of the process of treaty modification by subsequent practice in the case law and doctrine. The analysis begins with the original ILC provision on treaty ...
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This chapter surveys the degree of recognition of the process of treaty modification by subsequent practice in the case law and doctrine. The analysis begins with the original ILC provision on treaty modification by subsequent practice ultimately excluded from the Vienna Convention. The focus then turns to analysing the validity, nature, and scope of the process of modification by subsequent practice, also in relation to formal amendment and a treaty’s object and purpose. Next, the chapter considers the difficult exercise of identifying modification by subsequent practice as distinguished from interpretation. Finally, the chapter explores how crucial factors such as the type of treaty regime and provision can impact the modifying process, and how alternative adaptation mechanisms can reduce the scope or need for recourse to modification. It is shown that subsequent practice can—under carefully defined conditions—alter, supplement, and terminate treaty provisions or even entire treaty frameworks.Less
This chapter surveys the degree of recognition of the process of treaty modification by subsequent practice in the case law and doctrine. The analysis begins with the original ILC provision on treaty modification by subsequent practice ultimately excluded from the Vienna Convention. The focus then turns to analysing the validity, nature, and scope of the process of modification by subsequent practice, also in relation to formal amendment and a treaty’s object and purpose. Next, the chapter considers the difficult exercise of identifying modification by subsequent practice as distinguished from interpretation. Finally, the chapter explores how crucial factors such as the type of treaty regime and provision can impact the modifying process, and how alternative adaptation mechanisms can reduce the scope or need for recourse to modification. It is shown that subsequent practice can—under carefully defined conditions—alter, supplement, and terminate treaty provisions or even entire treaty frameworks.
Irina Buga
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198787822
- eISBN:
- 9780191829888
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198787822.003.0001
- Subject:
- Law, Public International Law, Company and Commercial Law
This chapter introduces the discussion of the key role of subsequent practice in the process of treaty adaptation and the formation of international law more generally. The chapter explains the need ...
More
This chapter introduces the discussion of the key role of subsequent practice in the process of treaty adaptation and the formation of international law more generally. The chapter explains the need to explore the treaty modifying potential of subsequent practice—a topic that has, in recent years, generated an increasing amount of attention—and its potentially far-reaching effects for States and dispute settlement bodies alike. The chapter also defines treaty ‘modification’ in this context. The final section sets out the book's systematic approach to exploring the relevance and dynamism of the process of treaty modification by subsequent practice and showing—on a theoretical and practical level—how it can be identified and dealt with more consistently in the future.Less
This chapter introduces the discussion of the key role of subsequent practice in the process of treaty adaptation and the formation of international law more generally. The chapter explains the need to explore the treaty modifying potential of subsequent practice—a topic that has, in recent years, generated an increasing amount of attention—and its potentially far-reaching effects for States and dispute settlement bodies alike. The chapter also defines treaty ‘modification’ in this context. The final section sets out the book's systematic approach to exploring the relevance and dynamism of the process of treaty modification by subsequent practice and showing—on a theoretical and practical level—how it can be identified and dealt with more consistently in the future.
