Subsequent Agreements and Subsequent Practice in Domestic Courts [electronic resource] / by Katharina Berner.

By: Berner, Katharina [author.]Contributor(s): SpringerLink (Online service)Material type: TextTextSeries: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht, Veröffentlichungen des Max-Planck-Instituts für ausländisches öffentliches Recht und Völkerrecht ; 268Publisher: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2017Description: XLV, 300 p. 3 illus. online resourceContent type: text Media type: computer Carrier type: online resourceISBN: 9783662549377Subject(s): Law | Private international law | Conflict of laws | International law | Comparative law | Law | Sources and Subjects of International Law, International Organizations | Private International Law, International & Foreign Law, Comparative LawAdditional physical formats: Printed edition:: No titleDDC classification: 341 LOC classification: K3150Online resources: e-book Full-text access
Contents:
1 Introduction -- Part I - Subsequent Agreements and Subsequent Practice: 2 The Origins of Subsequent Agreements and Subsequent Practice -- 3 Subsequent Agreements and Subsequent Practice in Context: The 1969 VCLT -- 4 Subsequent Agreements and Subsequent Practice under Articles 31 and 32 VCLT -- Part II - The Jurisprudence of Domestic Courts: 5 Legal Status and Effects of Subsequent Agreements and Subsequent Practice -- 6 The Frequency of Subsequent Agreements -- 7 Practice by Non-Party Entities -- 8 The Notion of 'Agreement' -- 9 Conclusion and Outlook.
In: Springer eBooksSummary: The book analyses how subsequent agreements and subsequent practice as defined in 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.
Item type Current library Collection Call number Copy number Status Notes Date due Barcode
E-Books MEF eKitap Kütüphanesi
Springer Nature K3150 (Browse shelf (Opens below)) Available NATURE 1420353-1001

1 Introduction -- Part I - Subsequent Agreements and Subsequent Practice: 2 The Origins of Subsequent Agreements and Subsequent Practice -- 3 Subsequent Agreements and Subsequent Practice in Context: The 1969 VCLT -- 4 Subsequent Agreements and Subsequent Practice under Articles 31 and 32 VCLT -- Part II - The Jurisprudence of Domestic Courts: 5 Legal Status and Effects of Subsequent Agreements and Subsequent Practice -- 6 The Frequency of Subsequent Agreements -- 7 Practice by Non-Party Entities -- 8 The Notion of 'Agreement' -- 9 Conclusion and Outlook.

The book analyses how subsequent agreements and subsequent practice as defined in 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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