The Interpretation of International Law by Domestic Courts
Uniformity, Diversity, Convergence
Series: International Law and Domestic Legal Orders;
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Product details:
- Publisher OUP Oxford
- Date of Publication 21 January 2016
- ISBN 9780198738923
- Binding Hardback
- No. of pages390 pages
- Size 237x172x27 mm
- Weight 758 g
- Language English 0
Categories
Short description:
This book explores the question of how international law is applied by domestic courts. Through case studies and analysis the contributors consider how traditions and diversity affect the interpretation of international law, from a mixture of doctrinal, practical, and theoretical approaches.
MoreLong description:
The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective.
The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.
Table of Contents:
Introduction
Part I: Foundations and Doctrinal Aspects
Principles of Treaty Interpretation - Developed for and Applied by National Courts
Grounds for the Application of International Rules of Interpretation in National Courts
'Contractual' and 'Statutory' Treaty Interpretation in Domestic Courts? Convergence around the Vienna Rules
Judicial Dialogue as A Means of Interpretation
The Role of the International Rules of Interpretation for the Determination of Direct Effect of International Agreements
The Interpretation of Unwritten International Law by Domestic Judges
Part II: The Practice of Domestic Courts in Context
Interpretation of Treaties in an International Law-Friendly Framework: the Case of South Africa
The Law and Politics of the Pro Persona Principle in Latin America
Dynamic and Evolutive Interpretation of the ECHR by Domestic Courts? An Inquiry into the Judicial Architecture of Europe
Deference to the Executive: The US Debate in Global Perspective
Gingerly Walking on the VCLT Frontier? Reflections from a Survey on the Interpretive Approach of the Japanese Courts to Treaties
Treaty Interpretation in Indian Courts - Adherence, Coherence, and Convergence
Part III: Unity, Diversity, Convergence: Theoretical Perspectives
Diffusion Theories and the Interpretive Approaches of Domestic Courts
Treaty Interpretation and Global Governance: The Role of Domestic Courts
National Courts and Interpretive Approaches to International Law: The Case Against Convergence
Between Universal Aspiration and Local Application: Concluding Observations
