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Contents
- Preliminary Material
- Contents
- List of Abbreviations
- Table of Cases
- Australia
- Austria
- Canada
- Czechoslovakia
- Denmark
- East Africa
- European Court of Human Rights
- European Court of Justice
- France
- Germany
- Greece
- Human Rights Committee cases
- Hungary
- ICSID Tribunals
- Inter-American Court of Human Rights
- International Arbitral Awards
- International Court of Justice
- International Criminal Court
- International Criminal Tribunal for the former Yugoslavia
- International Criminal Tribunal for Rwanda
- International Tribunal for the Law of the Sea (ITLOS)
- Iran-US Claims Tribunal
- Ireland
- Italy
- Mercosur
- New Zealand
- Permanent Court of International Justice
- Poland
- South Africa
- Spain
- Special Tribunal for Lebanon
- Switzerland
- United Kingdom
- United States
- World Trade Organisation Panel and Appellate Body Cases
- Table of Instruments
- Table of National Legislation
- Algeria
- Antigua and Barbuda
- Bangladesh
- Barbados
- China
- Croatia
- Denmark
- Dominica
- Estonia
- European
- France
- Grenada
- Guatemala
- Guyana
- India
- Iran
- Latvia
- Lithuania
- Maldives
- Malta
- Mauritius
- Myanmar
- Pakistan
- Poland
- Republic of Korea
- Romania
- Seychelles
- Slovenia
- Somalia
- South Africa
- Sri Lanka
- St Vincent and the Grenadines
- Sudan
- Syria
- United Arab Emirates
- United Kingdom
- United States
- Yemen
- Main Text
- 1 Introduction
- Part 1 Doctrinal Aspects
- 2 Subsequent Agreements and Subsequent Practice within and outside the Vienna Convention
- 1 The Painting and its Frame
- 2 A Close-up View: The Vienna Convention
- 3 Searching for the Right Perspective: Subsequent Practice in the Vienna Convention
- 4 Initial Attempts to Find the Focal Point
- 5 Looking for the Right Position: Casting Some Glances at Other Canvases Nearby
- 6 Still Looking for the Right Position: Casting Some Glances at Other Details on the Canvas (Art 31(1), (4), and Dynamic Interpretation)
- 7 Stepping Back and Enlarging the View
- 8 A Blurred Figure: Subsequent MoUs
- 9 How Not to be Unreasonable
- 3 A Consensualist Interpretation of Article 31(3) of the Vienna Convention on the Law of Treaties
- 4 Keeping Subsequent Agreements and Practice in Their Right Limits
- 1 Introduction
- 2 Possible Effects of Subsequent Practice: Interpretation, Modification, Termination, and Suspension of a Treaty
- 3 Interpretation, Modification, or Suspension of Treaties by Subsequent Agreements in Recent ICJ Case Law
- 4 The Conduct of Which Actors Can Amount to Subsequent Practice?
- 5 Subsequent Practice and Boundary and Territorial Treaties
- 6 Conclusions
- 5 Miscellaneous Thoughts on Subsequent Agreements and Practice
- 2 Subsequent Agreements and Subsequent Practice within and outside the Vienna Convention
- Part 2 Practical Significance
- 6 Subsequent Practice, Practices, and ‘Family-Resemblance’: Towards Embedding Subsequent Practice in its Operative Milieu
- 1 Introduction: Subsequent Practice and Practices
- 2 The ‘Practice Family’: Mapping the Species of Practice under Current Conventional Regimes
- 3 Practices in Motion: Walking the Path of Practice under Current Conventional Regimes
- 4 Concluding Remarks: The Challenges of Subsequent Practice in light of the New Trends Pervading the International Legal Order
- 7 The Evolution of Treaty Obligations in International Law
- 8 The Relevance of Subsequent Agreement and Subsequent Practice for the Interpretation of Treaties
- 9 Subsequent Agreements and Practice: The Battle over Interpretive Power
- 6 Subsequent Practice, Practices, and ‘Family-Resemblance’: Towards Embedding Subsequent Practice in its Operative Milieu
- Part 3 Interpretation and Change
- 10 Subsequent Agreements and Practice: Between Interpretation, Informal Modification, and Formal Amendment
- 1 Introduction
- 2 The Need for Interpretation
- 3 What are Subsequent Agreements and Practice?
- 4 The Distinction between Interpretation and Modification
- 5 The Limits to Subsequent Agreements and Practice
- 6 The Legal Effects of Subsequent Agreements and Practice
- 7 Conclusions
- 11 Limits of Change by Way of Subsequent Agreements and Practice
- 12 Law, Time, and Change: The Self-Regulatory Function of Subsequent Practice
- 10 Subsequent Agreements and Practice: Between Interpretation, Informal Modification, and Formal Amendment
- Part 4 Domestic Constitutional Aspects
- 13 Domestic Constitutional Concerns with Respect to the Use of Subsequent Agreements and Practice at the International Level
- 14 Treaty Interpretation, Subsequent Agreements and Practice, and Domestic Constitutions
- 15 Subsequent Practice, Domestic Separation of Powers, and Concerns of Legitimacy
- Part 5 Reports for the ILC Study Group on Treaties over Time
- Report 1 Jurisprudence of the International Court of Justice and Arbitral Tribunals of Ad Hoc Jurisdiction Relating to Subsequent Agreements and Subsequent Practice
- I Introduction
- II Use of Terms
- III Subsequent Conduct as a Means of Interpretation
- IV Elements of Subsequent Conduct
- 1 Beginning and end of possible subsequent conduct
- 2 Forms of subsequent conduct
- 3 The necessary common understanding or agreement of the parties
- a) Conduct implying a recognition or assertion of a point of law
- b) Forms of expressing common understanding or agreement
- aa) Written form
- bb) Joint conduct
- cc) Parallel or coordinated conduct
- dd) Silence or omission
- aaa) Silence with respect to conduct which remains internal
- bbb) Silence with respect to conduct calling for no reaction
- ccc) Silence as constituting agreement
- ddd) Treaties establishing international organizations as a special case?
- eee) Non-consent based rules for which silence plays a role: Preclusion and prescription
- b) Sufficiently determinate position
- c) Attribution of (subsequent) conduct to a state
- d) Unilateral subsequent conduct not reflecting an agreement
- V Subsequent Conduct as a Means of Treaty Modification
- VI Subsequent Conduct and Treaty Procedures for Interpretation, Adaptation, or Modification
- Report 2 Jurisprudence Under Special Regimes Relating to Subsequent Agreements and Subsequent Practice
- Preliminary Material
- I Introduction
- II International Economic Regimes
- 1 World Trade Organisation
- 2 Iran-US Claims Tribunal
- 3 ICSID Tribunals
- 4 North American Free Trade Agreement (NAFTA)
- III Human Rights Regimes
- 1 European Court of Human Rights
- 1.1 Introduction
- 1.2 General approach to interpretation
- 1.3 Manifestations of subsequent agreements and practice
- 1.4 The different means of interpretation
- 1.5 Treaty modification by subsequent practice
- 1.6 Evolutionary interpretation, informal modification, and formal amendments
- 1.7 Comparative observations on the use of subsequent practice by the ECtHR
- 1.7.1 Broadened concept of relevant subsequent practice
- 1.7.2 Softened requirement of common agreement
- 1.7.3 Softened requirement of attribution of conduct to a state
- 1.7.4 Softened requirement of a sufficiently determinate position
- 1.7.5 Recognition of the possibility of modification by subsequent practice
- 1.8 Conclusion
- 2 Inter-American Court of Human Rights
- 3 Human Rights Committee under the ICCPR
- 1 European Court of Human Rights
- IV Other Regimes
- V General Conclusions
- 1 Article 31 VCLT as the general rule of interpretation
- 2 The special nature of human rights treaties
- 3 Basic approaches to the different means of interpretation
- 4 Recognition of subsequent practice as means of interpretation
- 5 Point in time from which a practice is ‘subsequent’
- 6 Identification of a more or less important role of subsequent practice
- 7 Evolutionary interpretation
- 8 Rare invocation of subsequent agreements
- 9 Definition of subsequent practice for the purpose of interpretation
- 10 Social practice as subsequent state practice
- 11 Subsequent practice as emanating from potentially all state organs
- 12 Attribution of practice to a state depends on a number of factors
- 13 Recognition or assertion of a legal position
- 14 Subsequent practice not necessarily determinate or specific
- 15 The significance of silence and a limited degree of participation
- 16 Different effects of opposing practice
- 17 Treaty modification by way of subsequent practice
- 18 Subsequent practice and formal amendment or interpretation procedures
- 19 Criteria affecting the relevance of subsequent practice
- 20 Regimes may evolve in how they take subsequent practice into account
- Report 3 Subsequent Agreements and Subsequent Practice of States Outside of Judicial or Quasi-judicial Proceedings
- Preliminary Material
- Introduction
- Scope of the Third Report
- Part I: Forms, Evidence, and Interpretation
- 1 Forms of subsequent agreements and subsequent practice of the parties
- 1 Forms of subsequent agreements and subsequent practice of the parties
- 2 Evidence of subsequent agreements and subsequent state practice
- 2 Evidence of subsequent agreements and practice
- 3 Interpretation of subsequent agreements and subsequent practice
- 3 Interpretation of subsequent agreements and subsequent practice
- Part II: General Aspects
- 4 Reference in a treaty to subsequent agreements or practice
- 4 Reference in a treaty to subsequent agreements or subsequent practice
- 5 Specification
- 5 Specification
- 6 Scope of discretion
- 6 Scope of discretion
- 7 Agreement
- 7 Agreement
- 8 Subsequent practice as indicating agreement on a temporary non-application or on a temporary extension beyond its scope
- 8 Subsequent practice as indicating agreement on a temporary non-application or on a temporary extension of the scope of a treaty
- 9 Subsequent agreements or subsequent practice as reflecting a practical arrangement
- 9 Subsequent agreements or subsequent practice as reflecting a practical arrangement (modus vivendi) that is subject to challenge
- 10 Bilateral or regional practice under treaties with a broader membership
- 10 Bilateral or regional practice under treaties with a broader membership
- 11 Technical and scientific developments
- 11 Technical and scientific developments
- 12 Relation between subsequent practice by parties under a treaty and the continuing formation of parallel rules of customary international law
- 12 Relation between subsequent practice by parties under a treaty and the continuing parallel formation of rules of customary international law
- 13 Modification
- 13 Modification
- 14 Agreement to terminate
- 14 Agreement to terminate
- Part III: Specific Aspects
- 15 Specific cooperative contexts
- 15 Specific cooperative contexts
- 16 Conferences of the States Parties
- 16 Conferences of State Parties
- 17 Treaty monitoring bodies
- 17 Treaty monitoring bodies
- Conclusions
- 1 Forms of subsequent agreements and subsequent practice of the parties
- 2 Evidence of subsequent agreements and practice
- 3 Interpretation of subsequent agreements and subsequent practice
- 4 Reference in a treaty to subsequent agreements or subsequent practice
- 5 Specification
- 6 Scope of discretion
- 7 Agreement
- 8 Subsequent practice as indicating agreement on a temporary non-application or on a temporary extension of the scope of a treaty
- 9 Subsequent agreements or subsequent practice as reflecting a practical arrangement (modus vivendi) that is subject to challenge
- 10 Bilateral or regional practice under treaties with a broader membership
- 11 Technical and scientific developments
- 12 Relation between subsequent practice by parties under a treaty and the continuing parallel formation of rules of customary international law
- 13 Modification
- 14 Agreement to terminate
- 15 Specific cooperative contexts
- 16 Conferences of State Parties
- 17 Treaty monitoring bodies
- Report 1 Jurisprudence of the International Court of Justice and Arbitral Tribunals of Ad Hoc Jurisdiction Relating to Subsequent Agreements and Subsequent Practice
- Further Material
