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22 Int'l Comm. L. Rev. 1 (2020)

handle is hein.journals/intlfddb22 and id is 1 raw text is: 


                       INTERNATIONAL  COMMUNITY             [      C
 BRILL                  LAW  REVIEW 22 (2020) 1-3              I  R
N IJ H O F F                                                  brillcom/iclr



Special Issue Editorial
SubsequentAgreement   and Practice in Treaty Interpretation

        Dai Tamada
        Guest Editor, Professor of International Law, Graduate School of Law, Kobe
        University, Japan
        tamada@port.kobe-u.ac.jp



This special issue of the International Community Law Review brings together
papers presented  at the Kobe  workshop  on  'Subsequent Agreement   and
Practice in Treaty Interpretation', held on 18 December 2018 at Kobe University,
with a further two contributions subsequently submitted by Professors Georg
Nolte and Danae Azaria. It is a great honour to receive a contribution from none
other than Professor Georg Nolte, the Special Rapporteur of the International
Law Commission   ('I LC') on that very topic.
   Since 2oo8 the ILC has examined  the topic 'Subsequent agreements and
subsequent  practice in relation to interpretation of treaties'1 and, finally, on
18 May 2018, it adopted the entire set of Draft Conclusions on its second read-
ing. Subsequently, on 20 December 2018 - two days after the Kobe workshop -
the United Nations General Assembly adopted Resolution 73/202, by which it
took note of the ILC's Draft Conclusions, and, furthermore, 'brought them to
the attention of States and all who may be called upon to interpret treaties, and
encouraged their widest possible dissemination'.2
   The 2018 Kobe workshop provided us with the invaluable opportunity for ju-
rists and practitioners, including public international lawjurists and aJapanese
government  official (Ministry of Foreign Affairs), to discuss widely the ILC's
Draft Conclusions. As is the case for all previous ILC studies, the ILC's Draft
Conclusions are not immune  from criticism, and, aiming to provide a leading
opportunity for critical analysis, the Kobe workshop was held to discuss the
likely theoretical and practical issues arising from the ILC's Draft Conclusions,
and, by this, to elucidate their applicability in treaty interpretation.


1  As to the drafting of the Draft Conclusions, see the ILC's website: <http://legal.un.org/ilc/
   guide/i_n.shtml>. The original title of this programme of work had been 'Treaties over time'
   which was changed to the present title in 2012.
2  A/RES/73/202 (2o December 2018), para. 4.


© KONINKLIJKE BRILL NV, LEIDEN, 2020 1 DOI:10.1163/18719732-12341417

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