Informell modifikation av traktater till följd av ny sedvanerätt och praxis: En studie mot bakgrund av FN-stadgans innovativa utveckling
2002 (Swedish)Doctoral thesis, monograph (Other academic)
This thesis deals with the issue concerning the influence of customary international law on treaty law. Its main purpose is to analyse the interaction between the two most important sources of international law: custom and treaties. In this respect two objectives are set forth. The first is to examine the potential power of customary international law and what actual mechanisms involve informal modification of treaties. The second is to describe informal modification within a treaty regime. Does the process within the regime involve customary international law? The author argues that there is a distinction between informal modification in the light of subsequent customary international law and subsequent practice that develops within a treaty regime.
The issue of how to assess the so-called "innovations" of the UN Charter is also described in this thesis. These "innovations' can be seen as either informal modifications of the Charter, or as new interpretations of the "same old rule". Thus, if practice within the Charter regime develops sub lege it is a question of interpretation. If practice develops contra legem a de facto modification may occur. The instances of de facto modifications are, however, rare and in most cases the Charter is interpreted sub lege and in both cases with no involvement of customary international law. Nevertheless doctrine treats these incidents interchangeably, i.e. as customary law. The International Law Commission Draft on the Law of Treaties provided that a treaty may be modified by subsequent practice in the application of the treaty establishing their agreement to that effect. Although this provision was not included in the text of the Vienna Convention, informal treaty modification by subsequent practice of the parties is generally considered to be a rule of customary law.
Place, publisher, year, edition, pages
Stockholm: Norstedts juridik , 2002. , 420 p.
Research subject International Law
IdentifiersURN: urn:nbn:se:uu:diva-2101ISBN: 91-39-00866-5OAI: oai:DiVA.org:uu-2101DiVA: diva2:161750
2002-05-29, universitetets lärosal IV, Uppsala, 10:15
Cramér, Per, Professor