The discussion of this question in the earlier article168 was directly related to the interpretation by the Court of the term ‘in force’ in Articles 36, paragraph 1, and 37 of the Statute; but it was there noted that the decisions of the Court in this context ‘may also be read…to give some indication of the meaning of an important concept of treaty-law’. In the subsequent period, that concept has been relevant outside the narrow context of the Articles of the Statute referred to. In the case concerning the Gabčíkovo-Nagymaros Project, a bilateral Treaty between...
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