inter-temporal law

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The law that international courts apply when a long time has elapsed since the conclusion of a treaty, to take into account changes that have taken place in international law since the treaty was formulated and changes in the meaning of the expressions in the treaty. The existence of a right (e.g. to a territorial claim) should be based not only on the law in effect at the time the right was created, but also on the international law as applied to the continued existence of that right. The legitimacy of a title to territory must be renewed by the claimant state. The classic application of intertemporal law to a dispute can be found in the Island of Palmas Arbitration (Netherlands v US) (1928) 2 RIAA 829.

Subjects: Law.

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