Treaty-text Loyalists’ Burden with Subsequent State Practice
نویسندگان
چکیده
Abstract The role of subsequent state practice in the procedural law treaties, and determination consent implementation treaties have become subject much scholarly debate recent times. UN International Law Commission has devoted copious amounts study time into these issues under distinguished guidance Georg Nolte as Special Rapporteur. Ph.D. theses research monographs, journal articles commentaries appeared on matter, but persists. At one end this are treaty-text loyalists that reject potential to modify what they regard ‘solemn oaths’ taken by states when conclude adopt a treaty. That ‘temporal declaration consent’ be bound treaty regime is for them sacrosanct. other analytical jurisprudence scholars who appear insist upon purpose test approach matter. This article evaluates loyalists’ arguments current across number disciplines. It shows view supremely prohibits modification through exaggerated. Moreover, perception not supported examples implementation.
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ژورنال
عنوان ژورنال: Netherlands International Law Review
سال: 2021
ISSN: ['0165-070X', '1741-6191']
DOI: https://doi.org/10.1007/s40802-021-00185-8