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Part 1 Doctrinal Aspects, 4 Keeping Subsequent Agreements and Practice in Their Right Limits

Marcelo G Kohen

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):
Vienna Convention on the Law of Treaties — Treaties, invalidity, termination, suspension, withdrawal — Rules of treaty interpretation — Treaties, scope (temporal and territorial) — Erga omnes obligations
Considerations about the significance of subsequent agreements and practice first warrant two words of warning. The first is that there is a temptation to view reliance on subsequent practice as a progressive move; tantamount to taking into account new realities, the evolution of international society, and new concerns in different fields of international law such as human rights and international environmental law. The flipside of the same coin is to consider reliance on formal agreements as adopting a conservative stance; one that remains tied to the past. These...
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