Treaties and Subsequent Practice
Under the relevant rules of international law, treaties are interpreted in
accordance with the ordinary meaning of the language they use, their object and
purpose, and the intention of the drafters, but also in light of the subsequent
practice of its parties. This subsequent practice can shed light on articles
whose meaning is ambiguous and subsequent agreement can even alter the meaning
of treaty provisions. At a time when many of the most important international
treaties are more than fifty years old, subsequent practice plays an
increasingly important role in their interpretation.
Treaties and
Subsequent Practice discusses the role and relevance of this subsequent
practice in the process of dynamic treaty interpretation. The book provides a
comprehensive treatment of this topic by eminent commentators, combining
contributions which focus on practical cases with chapters examining the
theoretical underpinnings of treaty interpretation. The concept of subsequent
practice is situated in the more general context of treaty law and international
law, looking at different cases and doctrinal questions to assess its policy
dimensions. The book addresses the question of whether subsequent practice plays
a more or less significant role in different areas of international law, and
whether it can be employed as a partial substitute for formal treaty amendments.
It also includes two previously unpublished reports issued by the International
Law Commission's Study Group on this topic.
