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Part I General Aspects, 2 Interpretation and Amendments of the Founding Treaty

Christian Walter

From: The Council of Europe: Its Law and Policies

Edited By: Stefanie Schmahl, Marten Breuer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 July 2021

Subject(s):
Democracy — Specific treaties — Treaties, application — Rule of law

This chapter starts by analysing the Statute of the Council of Europe (CoE) in the broader context of the general functions of founding treaties of international organisations. The founding treaty is of paramount importance both for the inside and the outside perception of an international organisation. From a theoretical perspective, the treaty forms the basis of the organisation’s international legal personality. From an operational perspective the founding treaty is relevant because it creates the organisation’s organs and determines their interaction. Finally, in a functional perspective, the founding treaty lays down the overall aims which the founding States intend to pursue. The chapter thus describes the main modes of interpretation and, linked to the issue of interpretation, also the formal and informal ways by which amendments or developments of the Statute of the CoE have been brought about.

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