Court Generated State Practice?

Court Generated State Practice? Agora: The Opening Court Generated State Practice? Karl Zemanek The Vienna Convention on the Law of Treaties (VCLT) of 1969 provides in para 1 of its Article 31, which regulates the interpretation of treaties: There shall be taken into account, together with the context […] (b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; Underlying this provision is the obvious assumption that the conduct of the parties in applying the provisions of a treaty was indicative of their understanding of them and thus may help to clarify their meaning when it cannot be defi nitely determined by the process indicated in para 1 of Article 31. Whether the constant application of a treaty provision in a manner that differs from what an interpretation of the provision with the means of Article 31(1) VCLT would amount to an amendment of the treaty, is a controversial question. The ILC draft for the Vienna Conference proposed a relevant article which, however, was not adopted. The ILC recently resumed the considera- tion of the subject and its Draft Conclusions on subsequent agreements and Emeritus Professor of International Law, University of Vienna; Emeritus http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

Court Generated State Practice?

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1573-6512
D.O.I.
10.1163/15736512-00000002
Publisher site
See Article on Publisher Site

Abstract

Agora: The Opening Court Generated State Practice? Karl Zemanek The Vienna Convention on the Law of Treaties (VCLT) of 1969 provides in para 1 of its Article 31, which regulates the interpretation of treaties: There shall be taken into account, together with the context […] (b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; Underlying this provision is the obvious assumption that the conduct of the parties in applying the provisions of a treaty was indicative of their understanding of them and thus may help to clarify their meaning when it cannot be defi nitely determined by the process indicated in para 1 of Article 31. Whether the constant application of a treaty provision in a manner that differs from what an interpretation of the provision with the means of Article 31(1) VCLT would amount to an amendment of the treaty, is a controversial question. The ILC draft for the Vienna Conference proposed a relevant article which, however, was not adopted. The ILC recently resumed the considera- tion of the subject and its Draft Conclusions on subsequent agreements and Emeritus Professor of International Law, University of Vienna; Emeritus

Journal

Austrian Review of International and European Law OnlineBrill

Published: May 7, 2018

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