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Part 2 Practical Significance, 6 Subsequent Practice, Practices, and ‘Family-Resemblance’: Towards Embedding Subsequent Practice in its Operative Milieu

Laurence Boisson de Chazournes

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):
Treaties, interpretation — Vienna Convention on the Law of Treaties — BITs (Bilateral Investment Treaties) — Opinio juris — State practice
Being as it is volatile, multifaceted, amorphous, omnipresent, flexible, and dynamic, ‘practice’ defies precise definition. Plural in its characteristics, practice is also plural in the roles it plays within our discipline. To most if not all of us, practice instinctively springs to mind in the context of custom, as well as treaties.1 Its functions range, in fact, from the production to the application of legal rules. Yet, the semantic singularity of ‘practice’ might suggest a unitary production process for all legally relevant practices. It is commonplace to...
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