Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

8 Systemic Integration: An Operationalisation

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter undertakes the application of the three-tiered framework of operationalisation developed for Article 31(3)(c) through a reinterpretation of the salient elements of the Article. Article 31(3)(c) provides that 'there shall be taken into account, together with the context, any relevant rules of international applicable in the relations between the parties'. The first tier of the framework of operationalisation is the identification of relevant rules. The second tier looks into the content and scope of the rules of international law 'applicable in the relations between the parties'. The final stage of the operationalisation is the systemic integration of these rules in accordance with the direction stipulated in Article 31(3)(c). This is undertaken in the third tier of the framework where the normative weight to be accorded to the relevant rules in the interpretative process shall amount to 'take into account together with the context' of the interpreted treaty.

Keywords: Article 31(3)(c); identification of relevant rules; interpreted treaty; relations between the parties; rules of international law; systemic integration

10.1163/9789004268395_010
/content/books/b9789004268395_010
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation