In international law interpretation is ubiquitous. However, whereas in the case of treaty interpretation, this process has been codified in Articles 31-33 of the Vienna Convention on the Law of Treaties, the interpretation of rules of customary international law has remained largely unexplored. This monograph demonstrates not only that rules of customary international law can be interpreted but also that they have continuously been interpreted by international and domestic courts. Through an examination of this case-law, the various methods of interpretation of customary rules and their limits are identified as well as the similarities and differences with the rules of treaty interpretation.
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Whereas the identification of rules of customary international law, through general practice and opinio juris, has been dealt extensively in literature and practice, their interpretation has remained surprisingly unexplored. It is this gap that this short monograph aims to address.
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Contents
Abbreviations
1 Introduction
2 Interpretation of Customary International Law: Barred Due to Its
Nature, or a Valid Method of Content-Determination?
3 The Interpretability and Interpretation of Customary International Law
in International Case-Law
4 The Interpretability and Interpretation of Customary International Law
in Domestic Case-Law
5 Boundless or Bounded Interpretation?: the Conundrum of In/correct
Interpretations
6 Precautions/Limits of Interpretation
7 Jus Cogens Norms as a Limit in the Interpretation of Customary
International Law
8 Revision as a Limit in the Interpretation of Customary International
Law
9 Misinterpretation: the Rules of Interpretation as a Limit in the
Interpretation of Customary International Law
10 Conclusion
Annex: 2023 TRICI-Law Draft Guiding Principles on the Interpretation of
Rules of Customary International Law
Bibliography
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Produktdetaljer
ISBN
9789004544154
Publisert
2024
Utgiver
Brill
Vekt
197 gr
Høyde
235 mm
Bredde
155 mm
Dybde
6 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
108
Forfatter