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“Constitutional” Interpretation

JOSÉ E. ALVAREZ

in International Organizations as Law-makers

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198765639
eISBN:
9780191710070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765639.003.0002
Subject:
Law, Public International Law

This chapter discusses ‘constitutional’ interpretation of a Charter. It compares the United Nations Charter and the United States Constitution, citing that both provide institutional mechanisms to ... More


Methods Used by International Courts and Tribunals to Engage in Cross-Fertilization

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0003
Subject:
Law, Public International Law

This chapter examines the methods available to international courts to refer to the practice of other international judicial bodies, and to interpret and apply their procedure and remedies in similar ... More


An Anti-Imperialist Universalism? Jus Cogens and the Politics of International Law

Umut Özsu

in International Law and Empire: Historical Explorations

Published in print:
2017
Published Online:
February 2017
ISBN:
9780198795575
eISBN:
9780191836893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198795575.003.0013
Subject:
Law, Public International Law

This chapter examines the deployment of the concept of jus cogens during the drafting of the 1969 Vienna Convention on the Law of Treaties. First, it is argued that investigating the conditions under ... More


Termination and Renegotiation of International Investment Agreements

Karsten Nowrot

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0011
Subject:
Law, Public International Law, Environmental and Energy Law

Once subject only to modest evaluation in the legal literature, questions relating to the termination and renegotiation of international investment treaties are currently emerging as future key ... More


The Effect of Subsequent Practice on the European Convention on Human Rights: Considerations from a General International Law Perspective

Anja Seibert-Fohr

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

Under which conditions and to what extent can subsequent State practice legitimately influence the interpretation or even modify international treaties? This issue of general international law has ... More


The Principles of Conflict Resolution

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0003
Subject:
Law, Public International Law, EU Law

Principal questions regarding the so-called ‘rules’ on conflict resolution such as the lex posterior maxim are still unresolved and disputed in international law just as in domestic law doctrine. ... More


The Difficulties of Legal Classification

Christine Bell

in On the Law of Peace: Peace Agreements and the Lex Pacificatoria

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199226832
eISBN:
9780191710261
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226832.003.0007
Subject:
Law, Public International Law

This chapter deals further with the technical difficulties of legal classification, and begins to demonstrate how a simple choice between a law and a nonlaw form of agreement does not exist in the ... More


Reconciling Investment Protection and Sustainable Development: A Plea for an Interpretative U-Turn

Katharina Berner

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0009
Subject:
Law, Public International Law, Environmental and Energy Law

Despite its unbroken attractiveness, the international investment law regime has recently come under pressure to abandon its pre-occupation with investors’ rights and to focus more strongly on ... More


Equity and Equitable Considerations in Treaties

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0019
Subject:
Law, Public International Law

This chapter examines how equitable notions included in treaties should be construed. While in the law of the sea treaties equity is understood as reflecting general international law, the ‘fair and ... More


Interpretation of the ICESCR: Between Morality and State Consent

Daniel Moeckli

in The Human Rights Covenants at 50: Their Past, Present, and Future

Published in print:
2018
Published Online:
August 2018
ISBN:
9780198825890
eISBN:
9780191864902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825890.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

The Committee on Economic, Social and Cultural Rights has developed a number of methods for interpreting the ICESCR that are often described as ‘special’ and as falling outside the framework of VCLT ... More


A Genealogy of Textualism in Treaty Interpretation

Fuad Zarbiyev

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0012
Subject:
Law, Public International Law, Constitutional and Administrative Law

While an intentionalist approach to treaty interpretation seems more deferential to state consent, the dominant interpretive paradigm prevailing in modern international law is textualism, despite the ... More


Between Universal Aspiration and Local Application: Concluding Observations

Helmut Philipp Aust

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0017
Subject:
Law, Public International Law

This chapter argues that the interpretation of international law by domestic courts is situated between a universal aspiration of international law—connected with claims for a need for uniform ... More


The Game of Interpretation in International Law: The Players, the Cards, and Why the Game is Worth the Candle

Andrea Bianchi

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0002
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter uses the metaphor of the game to explain how interpretation works in international law. The rules of play are known and complied with, even though which cards to play is left to the ... More


The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

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 ... More


European Consensus and International Law

Ineta Ziemele

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

The concept of ‘European consensus’ is the creation of the European Court of Human Rights. Early on, the Court determined that the European Convention on Human Rights is a living instrument and that, ... More


Statelessness through the Prism of International Refugee Law: The Revival of a Protection Issue

Michelle Foster and Hélène Lambert

in International Refugee Law and the Protection of Stateless Persons

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198796015
eISBN:
9780191837197
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796015.003.0001
Subject:
Law, Public International Law

Chapter 1 introduces the context and relevance of the book; its scope, its methods, and outline. It articulates the challenges faced by the international community as a result of the separation of ... More


Applying International Economic Law to Emissions Trading Schemes: Treaty Interpretation and the Paris Agreement

James Munro

in Emissions Trading Schemes under International Economic Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780198828709
eISBN:
9780191867101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198828709.003.0002
Subject:
Law, Public International Law

The process of interpreting the treaties of international economic law is a key aspect of the analysis that is undertaken in this book. Of particular importance is the potential relevance of the ... More


Introduction

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0035
Subject:
Law, Intellectual Property, IT, and Media Law

The Agreement on a Unified Patent Court (UPCA) of 18 February 2013 is a treaty within the meaning of the Vienna Convention on the Law of Treaties (VCLT) of 23 May 1969. It is therefore subject to ... More


Introduction

Georg Nolte

in The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198738923
eISBN:
9780191802126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738923.003.0001
Subject:
Law, Public International Law

This introductory chapter presents methodological issues which are at stake when domestic courts interpret treaties and other rules of international law. From an internal perspective of a given ... More


In Search of Coherence: Navigating the WTO in the Universe of International Law

Chien-huei Wu

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0016
Subject:
Law, Public International Law

This chapter examines the relationship between the WTO and public international law in the context of the fragmentation of international law. It points to two driving forces for the fragmentation of ... More


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