Rosenne's Law and Practice of the International Court: 1920-2015

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Modification, Amendment and Replacement of a Declaration
(1,083 words)

paragraph 210 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause)

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As a matter of legal technicality, modification, amendment, replacement and termination of a legal obligation are in effect identical transactions in relation to the original instrument. Each terminates that instrument in its existing form. Modification and amendment (the meaning of the two terms is probably identical for declarations) replace it with a new text. Replacement, as it name indicates, is the sa…

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Malcolm N. Shaw, “Modification, Amendment and Replacement of a Declaration”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 20 March 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0210>
First published online: 2017
First print edition: 20161001



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