Subsequent agreements and subsequent practice in domestic courts /

Subsequent agreements and subsequent practice in domestic courts /

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Bibliographic Details
Author / Creator:	Berner, Katharina, author.
Imprint:	Berlin : Springer, ©2017.
Description:	xlv, 298 pages ; 24 cm.
Language:	English
Series:	Beiträge zum ausländischen öffentlichen Recht und Völkerrecht ; Band 268 Beiträge zum ausländischen öffentlichen Recht und Völkerrecht ; Bd. 268.
Subject:	Vienna Convention on the Law of Treaties -- (1969 May 23) Vienna Convention on the Law of Treaties (1969 May 23) Treaties -- Interpretation and construction. International and municipal law. International and municipal law. Treaties -- Interpretation and construction.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/11374748

Hidden Bibliographic Details
ISBN:	9783662549360 3662549360
Notes:	Originally presented as the author's thesis (doctoral--Humboldt-Universität zu Berlin, 2014). Includes bibliographical references (pages 287-298).
Summary:	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.--Provided by publisher.

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Call Number:	XXKZ1304.B468 2017 c.1
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