Research On The Subsequent Agreement And Subsequent Practice Under The Treaty Interpretation

Treaty issue is a traditional problem of international law,but the development of the times endows the treaty with new vitality.The rules of interpretation of treaties have been adjusted continuously with the changes in the international environment,which is the case with Subsequent agreement and subsequent practice.With the rapid expansion of the number of treaties and the continuous expansion of the scope of the treaty agreement,the development of international treaties also faces many problems,one of which is the question of how the existing treaties continue to be continued and to be effective in the new international environment.Subsequent agreement and subsequent practice,play a great role on the basis of the rules of treaty interpretation of international law,combined with the new international mechanisms,such as the conference of contracting parties,on the basis of their own characteristics and value functions,to maintain the balance between the state and the international community,to promote the convenience of the international judicial referees and to improve the participation of the pluralistic body in the international mechanism.This paper makes an in-depth study of the Subsequent agreement and subsequent practice under the interpretation of the treaty,providing the necessary intellectual basis for the Subsequent agreement and subsequent practice to play the role of the above.The research contents of this paper can be divided into five parts.The first part is the value and research status of the research topic.The section is divided into two aspects,first introduces the research significance of the subsequent agreement and subsequent practice.The development of international treaties has made the issue of the treaty highlighted one by one,one of which is one of the problems that the existing treaties can continue to continue in the new international environment,and the subsequent agreement and subsequent practice are based on the interpretation of the treaty and can be used as a powerful tool to solve the problem.The second Introduces the research status of subsequent agreement and subsequent practice to understand the background.Domestic research has gone through three periods,from the treaty to the interpretation of the overall study,to the subsequent agreement and the subsequent practice of the instrumental.study,and to the independent issue based on subsequent agreement and subsequent practice.The foreign research is also similar to the domestic research,focused on the aspects of tool study of subsequent agreement and subsequent practice.The second part is the subsequent agreement and subsequent practice in the development of treaty interpretation.The Vienna Convention on the Law of Treaties for the first time established the status of interpretations of subsequent agreement and subsequent practice,and the practice of international law has gradually established the customary international law of interpretation of treaties including subsequent agreement and subsequent practice.The United Nations Commission on international law on subsequent agreement and subsequent practice continue to move forward.The third part is defined as the subsequent agreement and subsequent practice.Subsequent agreement and subsequent practice may be regarded as the objectivity of the interpretation of the treaty and can be divided into subsequent agreement,subsequent common practice and subsequent other practice based on its substantive connotation.Subsequent agreement and subsequent practice need to grasp the relevance,and then the main three main features.The effectiveness of subsequent agreement and subsequent practice should be based on specific circumstances,while the ownership of subsequent agreement and subsequent practice need to be considered in combination with the theory of state responsibility.The fourth part is the value function for the subsequent agreement and subsequent practice.Subsequent agreement and subsequent practice have the nature of the objectivity evidence that explains the meaning of the treaty,and there are also differences in the evidence value between subsequent agreement and subsequent practice.At the same time,the technical nature of subsequent agreement and subsequent practice make it play a role in balancing static and dynamic interpretation of contradictions,coordinating subjective interpretation and objective interpretation,and integrating the dual characteristics of legal and contractual.The fifth part is the typical mode of the conference of contracting parties as subsequent agreement and subsequent practice.In addition to the traditional forms of documents made by parties,subsequent agreement and subsequent practice also have new phenomena that are combined with international mechanisms.The combination of the mechanism of the conference of contracting parties and the subsequent agreement and subsequent practice make the subsequent agreement and subsequent practice free from the status of the subsidiary material of the treaty interpretation,and has an independent and creative application space.The sixth part is the prospect of subsequent agreement and subsequent practice.Subsequent agreement and subsequent practice with the development of international practice,gradually by the international judicial and quasi judicial institutions of all ages.Based on the trend of subsequent agreement and subsequent practice and pluralistic international mechanisms,subsequent agreement and subsequent practice have also become an effective way for pluralistic participants to participate in international governance.Similarly,subsequent agreement and subsequent practice pay attention to the characteristics of the parties' intentions and provide a powerful tool for China to participate as a sovereign state in the international community and to maintain its core interests.