Category: Allgemein

Subsequent To Agreement

As examples of agreed post-agreement practices, the reports cite cases in which a subsequent agreement is already provided, so to speak, by reference to contractual clauses that must be developed by interpretation in practice[13], dynamic claims[15] require continuous implementation[16] or an agency responsible for interpreting contracts or further developing interpretive practices. [17] Contrary to these categories, another subsequent practice covers only „positions“ and „views“[18] and unilateral or parallel post-practice practices, as described in national legislation. [19] Practice in a limited number and not all parties are equally assigned to this category. [20] The subsequent agreement and the practice followed, as well as the method of evolutionary interpretation, are changes in international law. In theory, they can contribute to the integration of a transformative process into the treaty, when the international order, as it is constantly, evolves. Many of the treaties that formed the international legal order after the Second World War have been in force for six or seven decades. In the case of more recent contracts, the question of adapting to new realities arises, especially as the direction of the international order itself evolves. But do the parties intend to make such a transformation? It`s important? How can constitutional concerns be dispelled when the interpretation of the treaty risks going beyond the parliamentary approval that was given once in the ratification process? Recently, a new concern can be added: as long as the humanization of international law and the commitment to environmental protection progress, not all international lawyers will oppose changes in interpretation. But what if development is upside down? The third issue – and perhaps the cross-cutting question – is the distinction between the amendment and the application of a contract (section 4 below): „It is considered that the contracting parties are considering interpreting the treaty and not amending it later by agreement or subsequent practice.“ [8] Ideally, the amendment requires formal agreement from the parties, while interpretation is an act that precedes the application or judicial exercise. The desire to exclude treaty changes by way of interpretation is also manifested, for example, by the distinction between a subsequent agreement, which is equivalent to a new treaty, and an agreement that is not the case. [9] The distinction intersects with a constitutional debate on the need for new parliamentary consent for the inclusion of international commitments. Each contracting party has the direct right to terminate this offer and subsequent agreement, after written notification to the other party, if that other party ceases to operate or ceases operations in India.6