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Modification of Treaties by Subsequent Practice | Oxford Scholarship Online
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Modification of Treaties by Subsequent Practice

Irina Buga

Abstract

Treaties must undergo transformation and modernization to reflect changing norms and developments in international law. But treaties can be notoriously difficult to amend by formal means. One crucial way in which treaty evolution takes place is through subsequent practice, a well-established tool for treaty interpretation. While its initial aim is to shed light on the parties’ original intention, over time, subsequent practice acquires a force of its own and may come to evidence their contemporary understanding of the treaty. Subsequent practice may even diverge so far from treaty provisions t ... More

Keywords: treaties; subsequent practice; modification; amendment; interpretation; VCLT; customary international law; ILC, international organizations; ICJ

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198787822
Published to Oxford Scholarship Online: May 2018 DOI:10.1093/oso/9780198787822.001.0001

Authors

Affiliations are at time of print publication.

Irina Buga, author
Associate in International Arbitration, De Brauw Blackstone Westbroek