Intertemporality and the Law of Treaties
Author | : D. W. Greig |
Publisher | : British Institute for International & Comparative Law |
Total Pages | : 174 |
Release | : 2001 |
ISBN-10 | : STANFORD:36105063217488 |
ISBN-13 | : |
Rating | : 4/5 (88 Downloads) |
Download or read book Intertemporality and the Law of Treaties written by D. W. Greig and published by British Institute for International & Comparative Law. This book was released on 2001 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to examine a neglected area of treaty law: how is that law to deal with changes in the legal and factual environment of a treaty over a relatively lengthy time from the time it was made until the time it has to be applied? Concepts such as the intertemporal law and critical dates from territorial disputes may also be of relevance to treaties. With regard to the application of treaties, the rules concerning their validity or termination inevitably introduce temporal issues. As for the interpretation of treaties, perceptions of them are bound to change over time, not least because of factors extrinsic to a particular instrument. In the case of treaties of a law-making or constitutional nature, changing or emerging community values may well influence the outcome of the interpretative process. Finally, the question is addressed of whether it is appropriate for our interpreter to rely so heavily upon Articles 31 and 32 of the Vienna Convention on the Law of Treaties 1969 in the case of treaties concluded in a much earlier era.