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Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Platos Cave

Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Platos Cave

Author: Panos Merkouris
Publisher: Brill Nijhoff
ISBN: 9789004230422
Published In: June 2015
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,154.60

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Contents

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In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles.

Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.

Foreword 2

Preface 3

Acknowledgments 4

Abbreviations 10

Table of Cases 15

Table of Treaties 44

Table of Other Primary Authorities & Documents 48

Prolegomena 55

Part I: Article 31(3)(c) and the Principle of Systemic Integration from a Normative Point of View 66

Chapter I: The Elements of Article 31(3)(c) of the VCLT and the Principle of Systemic Integration 66

I. Introduction 67

II. Ordinary Meaning and Context of Article 31(3)(c) of the VCLT: An Article 31 – based Interpretation 68

III. Preparatory Work of the VCLT and pre-ILC Documents as other Supplementary Means: An Article 32 – based Interpretation 75

IV. Jurisprudence (‘other Supplementary Means of Interpretation’) as ‘Determinative’ of the Content of Article 31(3)(c): The ‘Proximity Criterion’ Revealed 90

Chapter II: Article 31(3)(c) and Intertemporality 145

I. Introduction 145

II. Debating Intertemporality During the Travaux Préparatoires of the VCLT 147

III. Intertemporal Law: Between Stability and Change 162

IV. Conclusion 196

Part II: Article 31(3)(c) VCLT and the Principle of Systemic Integration from a Systemic Point of View 198

Chapter III: Principles of Conflict Resolution within the Interpretative Process of Article 31(3)(c) 199

I. Definition 202

II. Hierarchy – Jus Cogens 209

III. Limitations of Jus Cogens 213

IV. Conflict Clauses 215

V. Limitations of Conflict Clauses 218