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Part 4 Domestic Constitutional Aspects, 13 Domestic Constitutional Concerns with Respect to the Use of Subsequent Agreements and Practice at the International Level

Stefan Kadelbach

From: Treaties and Subsequent Practice

Edited By: Georg Nolte

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 07 December 2023

Treaties, amendments and modification — Treaties, interpretation — Vienna Convention on the Law of Treaties
Most internationalists take a sympathetic view of subsequent practice as a means of treaty interpretation. Its appealing features are, by honouring the current will of the parties to an agreement rather than the original intent of its drafters, acting as a valuable tool to adapt treaties to changing circumstances, thereby keeping them alive, and allowing international organizations to develop. Those who stress legitimacy and consent as the core bases of the international system, on the other hand, look at the metamorphosis that treaties may experience with mixed...
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