Suchergebnisse

The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this text. It proves that subsequent practice can - under carefully defined conditions that ensure strict accordance with the will of the treaty parties - alter, supplement, and terminate treaty provisions or even entire treaty frameworks.