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portada Subsequent Agreements and Subsequent Practice in Domestic Courts (Beitrage zum Auslandischen Oeffentlichen Recht und Voelkerrecht)
Type
Physical Book
Publisher
Author
Year
2017
Language
English
Pages
300
Format
Hardcover
ISBN13
9783662549360
Edition No.
1
Categories

Subsequent Agreements and Subsequent Practice in Domestic Courts (Beitrage zum Auslandischen Oeffentlichen Recht und Voelkerrecht)

Katharina Berner (Author) · Springer · Hardcover

Subsequent Agreements and Subsequent Practice in Domestic Courts (Beitrage zum Auslandischen Oeffentlichen Recht und Voelkerrecht) - Katharina Berner

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Synopsis "Subsequent Agreements and Subsequent Practice in Domestic Courts (Beitrage zum Auslandischen Oeffentlichen Recht und Voelkerrecht) "

The book analyses how subsequent agreements and subsequent practice in connection with articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties have been applied in interpretative reality. Based on the jurisprudence of domestic courts, it elucidates the distribution of power between the parties to a treaty and other actors. To start with, the book traces the origins of subsequent agreements and subsequent practice and places them in their broader legal context. Next, it explores the legal status and effects of subsequent agreements and subsequent practice, explains why such agreements are only rarely used, and defines the relevance of non-party practice in the interpretative process. In closing, it critically examines how domestic courts have approached the normative heart of subsequent practice, i.e. the notion of ?agreement?. Thus, this book ultimately challenges the traditional assumption that the parties are the joint masters of the treaty.

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