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Other Issues in WTO Treaty Interpretation

Isabelle Van Damme

in Treaty Interpretation by the WTO Appellate Body

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562237
eISBN:
9780191705588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562237.003.0008
Subject:
Law, Public International Law

This chapter discusses the Appellate Body's use of supplementary means of interpretation, other language versions, subsequent practice and agreements, and special meanings in interpreting the covered ... More


Creative Interpretations: Normative Twists

Ingo Venzke

in How Interpretation Makes International Law: On Semantic Change and Normative Twists

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191753114
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.003.0005
Subject:
Law, Public International Law, Philosophy of Law

This chapter engages in a normative assessment of international lawmaking by way of interpretation. It first studies the bittersweet taste of justice in legal discourse and juxtaposes diverging views ... More


Treaty Interpretation: Rules and Methods

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0011
Subject:
Law, Public International Law

This chapter begins by examining the constitutional relevance of the Vienna Convention rules of interpretation, and the debate on the need for rules of interpretation. After covering historical and ... More


Subsequent Practice as a Means of Treaty Interpretation

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0002
Subject:
Law, Public International Law, Company and Commercial Law

This chapter focuses on the well-established role of subsequent practice in the interpretative process. It begins by examining the concept of ‘subsequent practice’ in light of the drafting history of ... More


Subsequent Practice as a Means of Treaty Modification

Irina Buga

in Modification of Treaties by Subsequent Practice

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 ... More


A Systematic Analysis of Examples of Modification by Subsequent Practice

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0005
Subject:
Law, Public International Law, Company and Commercial Law

This chapter illustrates the treaty modifying potential of subsequent practice and customary law by means of a ‘repertoire’ of examples of practice spanning a wide range of legal fields, with a focus ... More


Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body *

Georg Nolte

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

While the general interpretative approach of the WTO Appellate Body has been much discussed, its use of ‘subsequent practice’ as a means of interpretation has so far been less focused on. This ... More


Subsequent Customary Law as a Means of Treaty Modification

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0004
Subject:
Law, Public International Law, Company and Commercial Law

The chapter focuses on the treaty modifying potential of subsequent customary law, which, though distinct from that of subsequent practice, reveals a significant conceptual and practical overlap ... More


Introduction

Camille Goodman

in Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

Published in print:
2021
Published Online:
December 2021
ISBN:
9780192896841
eISBN:
9780191919114
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896841.003.0001
Subject:
Law, Public International Law

This Chapter outlines the context, objective, and scope of the book, and examines two foundational issues that anchor its law of the sea enquiry firmly within the doctrinal and methodological context ... More


Introduction

Irina Buga

in Modification of Treaties by Subsequent Practice

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


Conclusion

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0006
Subject:
Law, Public International Law, Company and Commercial Law

This concluding chapter gives an overview of the book’s main conclusions, painting a larger picture of the workings of the process of treaty modification by subsequent practice and customary law. It ... More


The Effect of Subsequent Practice on the European Convention on Human Rights: Considerations from a General International Law Perspective

Anja Seibert-Fohr

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

Under which conditions and to what extent can subsequent State practice legitimately influence the interpretation or even modify international treaties? This issue of general international law has ... More


Modification of Treaties by Subsequent Practice

Irina Buga

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.001.0001
Subject:
Law, Public International Law, Company and Commercial Law

Treaties must undergo transformation and modernization to reflect changing norms and developments in international law. But treaties can be notoriously difficult to amend by formal means. One crucial ... More


Judicial Dialogue as a Means of Interpretation

Antonios Tzanakopoulos

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0005
Subject:
Law, Public International Law

This chapter discusses whether judicial dialogue on international law between domestic courts may be conceptualized as a new means of interpretation—beyond the Vienna Convention on the Law of ... More


Accounting for Difference in Treaty Interpretation Over Time

Julian Arato

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0010
Subject:
Law, Public International Law, Constitutional and Administrative Law

The law of treaty interpretation aspires to unity. All treaties are formally subject to the same rules of interpretation, codified in the Vienna Convention. Yet time and again we hear that some kinds ... More


Dynamic and Evolutive Interpretation of the ECHR by Domestic Courts?: An Inquiry into the Judicial Architecture of Europe

Christian Djeffal

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0010
Subject:
Law, Public International Law

The European Court of Human Rights has a long tradition of interpreting the European Convention of Human Rights evolutively, but can national courts also change the meaning of the terms of the ECHR ... More


The Legal Status of Decisions by Human Rights Treaty Bodies: Authoritative Interpretations or Mission Éducatrice?

Leonardo Borlini and Luigi Crema

in The Global Community Yearbook of International Law and Jurisprudence 2019

Published in print:
2020
Published Online:
April 2021
ISBN:
9780197513552
eISBN:
9780197513576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197513552.003.0007
Subject:
Law, Public International Law

Academic analysis of pronouncements of human rights treaty monitoring bodies has tended to focus on their contribution to the promotion of human rights in domestic jurisdictions, particularly to ... More


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