Court Generated State Practice? (Karl Zemanek) – A Commentary Santiago Torres Bernárdez Being requested to write a comment on the above essay of Professor Karl Zemanek to be published in an Agora in the Jubilee issue of ARIEL, I will begin acknowledging that I deem it an honour to assume the task as well as a pleasure because it has allowed me to become acquainted with a further very ﬁ ne contribution of Professor Karl Zemanek on the elucidation of some wisely selected speciﬁ c issues of public international law in need of clariﬁ cation. In the present case, the selected issue poses the question of whether ‘subsequent practice’ of the state parties to a treaty is susceptible legally of being generated by an international court or supervisory body entrusted with certain functions by the treaty concerned. In other words, whether there it is in order or correct to admit that the said ‘subsequent state practice’ is or could be in such a context the practice in fact of the court or a supervisory body, namely of a third with respect to the parties to the treaty. In the ﬁ rst section of the essay, Professor Zemanek recalls that
Austrian Review of International and European Law Online – Brill
Published: May 7, 2018
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