Helmut Philipp Aust and Georg Nolte (eds)
- Published in print:
- 2016
- Published Online:
- March 2016
- ISBN:
- 9780198738923
- eISBN:
- 9780191802126
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198738923.001.0001
- Subject:
- Law, Public International Law
This book 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 ...
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This book 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 analyse three key questions: first, whether international law requires a uniform interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a uniform interpretive approach is desirable from a normative perspective. The book identfies 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 analysed 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 interpretive 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.Less
This book 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 analyse three key questions: first, whether international law requires a uniform interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a uniform interpretive approach is desirable from a normative perspective. The book identfies 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 analysed 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 interpretive 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.
