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Part 3 Interpretation and Change, 12 Law, Time, and Change: The Self-Regulatory Function of Subsequent Practice

Andrea Bianchi

From: Treaties and Subsequent Practice

Edited By: Georg Nolte

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 October 2020

Subject(s):
UN Charter — Vienna Convention on the Law of Treaties — Treaties, interpretation — Codification — State practice — Judicial decisions
Understanding what subsequent practice means and how it functions in international law is no easy task.2 Incidentally, this intellectual and practical question haunted those who codified the law of treaties. Ever since, the topic has been largely ignored or simply acknowledged by international legal scholars. The fact that subsequent agreements and practice lie somewhere between interpretation, informal modification, and formal amendment is a truism that makes almost any international lawyer content and relieved not to have to dig any further into the question....
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