Subsequent Agreement Vclt

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Published on: October 9, 2021

With regard to Class (ii), the cases cited by the ICJ include, in addition to the reference already mentioned in the Nuclear Weapons Opinion to the organization`s “own practice”, other opinions in which the ICJ has not made a declaration on the exact interpretative value of institutional practice. [32] The reports indicate that such a practice is considered “at least” as “another subsequent practice” to be put in place under section 32 of the VCLT. [33] The ILC deduces the two concepts of agreed subsequent practice and, more broadly, from the case law of the courts. [10] Indeed, the wording of Article 31(3) of the VCLT seems to indicate a narrow interpretation of its scope: a subsequent agreement must be made “as regards the interpretation” and application of the treaty, and the practice is relevant only if it develops “in the application of the treaty” and if it concludes an agreement between the parties on its interpretation. Therefore, the reports conclude that the main distinguishing factor is the conclusion of an agreement “on the interpretation” of a contract[11] and request that this criterion of “specificity” of the practice and the agreement be subject to “careful examination”. [12] On the other hand, the human rights literature has welcomed with some enthusiasm that the ICJ has described the practice of the HRC in Diallo and, in other cases, as “jurisprudence” that “attaches great weight” to interpretation. .

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