The interpretation of international law by domestic courts : uniformity, diversity, convergence /

"The Interpretation of International Law by Domestic Courts : Uniformity, Diversity, Convergence assesses the increasingly important 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...

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Bibliographic Details
Other Authors: Aust, Helmut Philipp, 1980-, Nolte, Georg, 1959-
Format: Book
Language:English
Published: Oxford, United Kingdom : Oxford University Press, 2016
Edition:First edition
Series:International law in domestic legal orders
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Summary:"The Interpretation of International Law by Domestic Courts : Uniformity, Diversity, Convergence assesses the increasingly important 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 treaties 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 analyze three key questions: first, whether international law requires a uniform interpretative approach by courts; second, whether a common or convergent methodological outlook can be found in domestic court practice; and third, whether a uniform interpretive approach is desirable from a normative perspective. The book identifies a considerable tension between the goal of universal and uniform application of international law and a plurality of different approaches. This tension between uniformity and diversity is analyzed by a group of scholars from a wide range of geographical, disciplinary and methodological approaches. Drawing on the practice of a number of domestic 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 into a comparative perspective. Its chapters offer doctrinal and practical as well as theoretical perspectives on a central question for the future development of international law"--Unedited summary from book jacket
Item Description:"Table of cases": pages xi-xxvi
Physical Description:xxxiii, 352 pages ; 24 cm
Bibliography:Includes bibliographical references and index
ISBN:9780198738923
0198738927