Part 4 Domestic Constitutional Aspects, 15 Subsequent Practice, Domestic Separation of Powers, and Concerns of Legitimacy

Stefan Kadelbach’s contribution, read together with the two preliminary reports by Georg Nolte for the ILC,1 accurately shows how uneasy the topic is. The most obvious reason is that, when taking a domestic law perspective, there is not so much to say. This is especially true for French law, where nothing is to be found in the case law, at least when looking for any explicit reference to subsequent agreements or practice as such in relation to treaty interpretation. The material is more generally very sparse. The topic remains all the more puzzling, confronting to...