Subsequent Agreement Outside/In: The Kigali Principles on Protection of Civilians

Subsequent Agreement Outside/In: The Kigali Principles on Protection of Civilians Subsequent Agreement Outside/In: The Kigali Principles on Protection of Civilians Jan Klabbers I. Introduction In the life of a treaty, it is a vital question how subsequent practice or agree- ment between the parties to that treaty helps to shape or re-shape the treaty concerned. This applies not merely to ‘regular’ treaties, but also to those that are constitutive of international organizations. Perhaps the best example of the last two decades is the case of NATO, whose organizational treaty, the North Atlantic treaty, was changed beyond recognition by the common accord of its parties. The modalities of the change were highly intriguing: NATO’s constitution was never formally amended but was, instead, revised by means of innocuous sounding documents such as ‘strategy documents’: adopting a new defense strategy was considered to be within the purview of the NATO Treaty, even if such a new defense strategy went beyond what observers might think of as the limits of NATO. Thus, if NATO originally was thought of as purely defensive, operative only – if at all – in case one member state would come under attack by an outside state, the new and revamped NATO operates mostly outside the territory of its http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

Subsequent Agreement Outside/In: The Kigali Principles on Protection of Civilians

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1573-6512
D.O.I.
10.1163/15736512-00000011
Publisher site
See Article on Publisher Site

Abstract

Subsequent Agreement Outside/In: The Kigali Principles on Protection of Civilians Jan Klabbers I. Introduction In the life of a treaty, it is a vital question how subsequent practice or agree- ment between the parties to that treaty helps to shape or re-shape the treaty concerned. This applies not merely to ‘regular’ treaties, but also to those that are constitutive of international organizations. Perhaps the best example of the last two decades is the case of NATO, whose organizational treaty, the North Atlantic treaty, was changed beyond recognition by the common accord of its parties. The modalities of the change were highly intriguing: NATO’s constitution was never formally amended but was, instead, revised by means of innocuous sounding documents such as ‘strategy documents’: adopting a new defense strategy was considered to be within the purview of the NATO Treaty, even if such a new defense strategy went beyond what observers might think of as the limits of NATO. Thus, if NATO originally was thought of as purely defensive, operative only – if at all – in case one member state would come under attack by an outside state, the new and revamped NATO operates mostly outside the territory of its

Journal

Austrian Review of International and European Law OnlineBrill

Published: May 7, 2018

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