Uniformity in Model Laws as Subsequent Practice under Article 31 of Vienna Convention on the Law of Treaties

Uniformity in Model Laws as Subsequent Practice under Article 31 of Vienna Convention on the Law... On the Practice of Subsequent Practice Uniformity in Model Laws as Subsequent Practice under Article 31 of Vienna Convention on the Law of Treaties Ilias Bantekas I. Introduction The life and quality of a treaty is by no means a foregone conclusion. In the past, where treaties were few and apart, member states either strove to fortify them or took every possible action to destroy them. This is no longer the case, as treaties, particularly of a multilateral character, affect far more actors than the foreign offi ces that participate in their drafting, signature and ratifi cation. There is nowadays a plethora of direct and indirect stakeholders that have an interest in the functioning of a treaty. Specialized NGOs, victim groups, those affected by the measures adopted in a treaty, corporations, academics and other actors may enter into conduct that ultimately greases the wheels of state practice. This may include public interest litigation, scholarly writings, petitions to national parliaments, public protests and many others. Hence, a state may eventually be forced to amend its original stance vis-à-vis certain strands of the treaty in question. In equal measure, sustained transnational judicial dialogue, as well as a pronouncement of an international http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

Uniformity in Model Laws as Subsequent Practice under Article 31 of Vienna Convention on the Law of Treaties

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1573-6512
D.O.I.
10.1163/15736512-00000010
Publisher site
See Article on Publisher Site

Abstract

On the Practice of Subsequent Practice Uniformity in Model Laws as Subsequent Practice under Article 31 of Vienna Convention on the Law of Treaties Ilias Bantekas I. Introduction The life and quality of a treaty is by no means a foregone conclusion. In the past, where treaties were few and apart, member states either strove to fortify them or took every possible action to destroy them. This is no longer the case, as treaties, particularly of a multilateral character, affect far more actors than the foreign offi ces that participate in their drafting, signature and ratifi cation. There is nowadays a plethora of direct and indirect stakeholders that have an interest in the functioning of a treaty. Specialized NGOs, victim groups, those affected by the measures adopted in a treaty, corporations, academics and other actors may enter into conduct that ultimately greases the wheels of state practice. This may include public interest litigation, scholarly writings, petitions to national parliaments, public protests and many others. Hence, a state may eventually be forced to amend its original stance vis-à-vis certain strands of the treaty in question. In equal measure, sustained transnational judicial dialogue, as well as a pronouncement of an international

Journal

Austrian Review of International and European Law OnlineBrill

Published: May 7, 2018

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