THE ROLE OF SUBSEQUENT PRACTICE OF STATES IN THE INTERPRETATION OF TREATIES: THE JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE IN THE “APPLICATION OF THE INTERIM ACCORD OF 13 SEPTEMBER 1995”

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SADAT AKHAVI SEYED ALI

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Title

THE ROLE OF SUBSEQUENT PRACTICE OF STATES IN THE INTERPRETATION OF TREATIES: THE JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE IN THE “APPLICATION OF THE INTERIM ACCORD OF 13 SEPTEMBER 1995”

Author(s)

SADAT AKHAVI SEYED ALI | Issue Writer Certificate

Keywords

LAW OF TREATIESQ1

1969 VIENNA CONVENTIONQ2

INTERPRETATION OF TREATIESQ2

SUBSEQUENT PRACTICE OF STATESQ2

INTERNATIONAL COURT OF JUSTICEQ2

Abstract

Under the Vienna Convention on the LAW OF TREATIES, when interpreting a treaty there shall be taken into account any subsequent practice in the application of the treaty which establishes the agreement of the Parties regarding its interpretation. A large number of treaties have reached certain age and they need to be adapted to the current situation. One way to that end is to interpret the treaties by means of the subsequent practice of the parties. In recent years, International Law Commission has paid particular attention to this topic and various international tribunals have resorted to the subsequent practice in order to interpret the treaties. In its Judgment of 5 December of 2011 in the “Application of the Interim Accord of 13 September 1995” case, the INTERNATIONAL COURT OF JUSTICE addressed the question of subsequent practice and its role in the INTERPRETATION OF TREATIES. The present article examines the compatibility of the said judgment with both the 1969 VIENNA CONVENTION and the previous case-law of the Court.

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APA: Copy

SADAT AKHAVI, SEYED ALI. (2015). THE ROLE OF SUBSEQUENT PRACTICE OF STATES IN THE INTERPRETATION OF TREATIES: THE JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE IN THE “APPLICATION OF THE INTERIM ACCORD OF 13 SEPTEMBER 1995”. PUBLIC LAW STUDIES QUARTERLY, 45(1), 3-18. SID. https://sid.ir/paper/251306/en

Vancouver: Copy

SADAT AKHAVI SEYED ALI. THE ROLE OF SUBSEQUENT PRACTICE OF STATES IN THE INTERPRETATION OF TREATIES: THE JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE IN THE “APPLICATION OF THE INTERIM ACCORD OF 13 SEPTEMBER 1995”. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2015;45(1):3-18. Available from: https://sid.ir/paper/251306/en

IEEE: Copy

SEYED ALI SADAT AKHAVI, “THE ROLE OF SUBSEQUENT PRACTICE OF STATES IN THE INTERPRETATION OF TREATIES: THE JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE IN THE “APPLICATION OF THE INTERIM ACCORD OF 13 SEPTEMBER 1995”,” PUBLIC LAW STUDIES QUARTERLY, vol. 45, no. 1, pp. 3–18, 2015, [Online]. Available: https://sid.ir/paper/251306/en

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