Subsequent Practice, Practices, and 'Family-Resemblance': Towards Embedding Subsequent Practice in Its Operative Milieu – A Multi-Actor Perspective

23 Pages Posted: 16 Apr 2013

See all articles by Laurence Boisson de Chazournes

Laurence Boisson de Chazournes

University of Geneva - Faculty of Law - Department of Public International Law

Date Written: April 15, 2013

Abstract

Being as it is volatile, multifaceted, amorphous, omnipresent, flexible, and dynamic, “practice” defies precise definition. Plural in its characteristics, practice is also plural in the roles it plays. Hence, the question arises as to how “practice” operates as a tool of treaty interpretation and application. To answer this question, it is necessary to explore the genesis and features of the “practice family” as well as the way in which species of practice operate under a treaty regime. That is crucial to ascertain a better understanding of today’s role of subsequent practice in the legal regime applicable to treaties. It also allows for reflection on how the legal category of “subsequent practice” may itself evolve in the future to meet the needs of any given treaty. At present, subsequent practice is centred on the conduct of states. However, the presence of other legally relevant practice under current treaties involving various actors may require a more in-depth consideration as to how all of these different categories coexist and interact with one another.

Keywords: Subsequent Practices, Treaty Interpretations, Conduct of States

JEL Classification: H7

Suggested Citation

Boisson de Chazournes, Laurence, Subsequent Practice, Practices, and 'Family-Resemblance': Towards Embedding Subsequent Practice in Its Operative Milieu – A Multi-Actor Perspective (April 15, 2013). IRPA Research Paper No. 1/2013. Available at SSRN: https://ssrn.com/abstract=2251255

Laurence Boisson de Chazournes (Contact Author)

University of Geneva - Faculty of Law - Department of Public International Law ( email )

Geneva
Switzerland

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