Full Record

New Search | Similar Records

Title The Principle of Integration in Sustainable Development Through the Process of Treaty Interpretation: Addressing the Balance Between Consensual Constraints and Incorporation of Normative Environment
Publication Date
Date Accessioned
University/Publisher University of Ottawa
Abstract Considering that the concept of sustainable development has a function of normative integration in international law, Article 31(3)(c) provides a legitimate basis of such systemic integration. At the same time, it displays the limitations of the harmonious solution drawn from its application because it works only within the rigid consent-based framework in which the referenced rules should be legal “rules” and should be “applicable in the relations between the parties.” International jurisprudence suggests supplemental elements to overleap the consensual limitations in the application of Article 31(3)(c): a generic term and the object and purpose of the treaty. These text-based and the object-and-purpose-based developmental interpretative techniques enable interpreters to consider legal rules that are not “any relevant rules of international law applicable in the relations between the parties” under Article 31(3)(c).
Subjects/Keywords Sustainable development; International law; Vienna Convention on the Law of Treaties; Treaty interpretation; Environmental law; WTO
Language en
Country of Publication ca
Record ID handle:10393/25491
Repository ottawa
Date Indexed 2018-01-03
Issued Date 2013-01-01 00:00:00

Sample Search Hits | Sample Images

…technical, scientific, and functional requests, “specialized and (relatively) autonomous” sub-systems and institutions have emerged.34 Emergence of such new fields of law and the related legal institutions indicates, on one hand, that international

…subordination.36 Contemporary international law of cooperation is shaped over and above this traditional international law of coexistence. 37 On the other hand, “specialized and (relatively) autonomous” rule-complexes tend to derogate from general…

…structure of international law as the structural shifting 9 multilateral treaties establishing the legal frameworks containing rules and principles, aim to regulate their specific matters efficiently and to establish highly specialized, institutionalized…

…from the law of the state responsibility. 41 Thus, an ironic situation develops in which globalization promotes the unification of the international community and the relatively autonomous and specialized multilateral conventions as the vehicle of the…

…economic, and technological considerations into the process of international law,”14 codified treaty interpretation rule in Article 31(3)(c) provides a legitimate basis of a developmental construction of a treaty. At the same time, it…

…the constraint of consent could obstruct the realization of public policy, such as sustainable development, in the international sphere, while demand of legal stability in international law should be secured from a formalistic perspective of the…

…consensual paradigm in international law. 12 Campbell McLachlan, “The Principle of Systemic Integration and Article 31(3)(c) of the Vienna Convention” (2005) 54 I.C.L.Q. 279 at 314-315. However, he, rather, seems to consider…

…this second exception as application of Article 31 (1). 13 French, supra note 7 at 306. 14 Vaughan Lowe, “Sustainable Development and Unsustainable Arguments” in Alan Boyle & David Freestone, eds., International Law and Sustainable Development…