Informal Modification and Judicial Interpretation of a Treaty
Informal Modification and Judicial Interpretation of a Treaty

Author(s): Rodoljub Etinski
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: International treaties; Interpretation; Informal modification;
Summary/Abstract: The relationship between informal modification of a treaty and its judicial interpretation becomes relevant in the case when practice in the application of a treaty reflects the informal agreement of all or majority of the parties on the meaning of a treaty and when this meaning goes beyond a meaning that can be established under Articles 31-33 of the VCLT. If such an informal agreement can be qualified as an informal modification of the treaty, recognition of the informal modification would save international courts and tribunals from uncertain interpretations and preserve the integrity of judicial function.

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