This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner.
This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
Arvustused
The international lawyer and legal scholar faced with a question concerning the evolutionary interpretation of treaties in 2020 will find no better friend than Evolutionary Interpretation and International Law the book is valuable both in collecting the conclusions of scholars in the field and in providing the reader with the most up-to-date source for decisions of adjudicators and other actors in the different subfields of international law. -- Geraldo Vidigal * Journal of International Economic Law *
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Timely collection of authoritative perspectives from both academia and practice offering an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current main trends and future challenges.
1. About the Book
Gabrielle Marceau and Clément Marquet
2. Introduction: A Meta-Question
Georges Abi-Saab
PART I
EVOLUTIONARY INTERPRETATION IN INTERNATIONAL LAW GENERALLY
3. Evolutionary Interpretation in International Law: Some Short and Less than
Trail-Blazing Reflections
Robert Kolb
4. An Interpreters Guide to Static and Evolutive Interpretations: Solving
Intertemporal Problems According to the VCLT
Christian Djeffal
5. Time Present and Time Past: The Intention of the Parties and the
Evolutionary Interpretation of Treaties
Eirik Bjorge
6. Using Intertemporal Linguistics to Resolve the Problem at the Origin and
Core of the Evolutionary Interpretation Debate
Julian Wyatt
7. Evolutionary Interpretation: The Relevance of Context
Donald McRae
PART II
EVOLUTIONARY INTERPRETATION IN ATYPICAL INSTITUTIONAL SETTINGS
8. Evolutionary Interpretation of International Law in National Courts
Kenneth Keith
9. The Interpretive Work of Treaty Bodies: How They Look at Evolutionary
Interpretation, and How Other Courts Look at Them
Luigi Crema
10. Evolutionary Interpretation of Unilateral Acts of States and
International Organisations
Paolo Palchetti
PART III
EVOLUTIONARY INTERPRETATION IN HUMAN RIGHTS AND ENVIRONMENT LAW
11. The Strength of Evolutionary Interpretation in International Human Rights
Law
Gloria Gaggioli
12. The Strasbourg Approach to Evolutionary Interpretation
Oliver Dörr
13. Environmental Protection as an Object of and Tool for Evolutionary
Interpretation
Nina Mileva and Marina Fortuna
14. The European Court of Human Rights and the Right to a Clean Environment:
Evolutionary or Illusory Interpretation?
Malgosia Fitzmaurice
15. By Men, not Gods: The (Hidden) Evolutionary Interpretation of
International Criminal Law in Light of Extrinsic Sources
Sévane Garibian
PART IV
EVOLUTIONARY INTERPRETATION IN WTO LAW
A. Systemic Approaches to Evolutionary Interpretation
16. Understanding the Choice for Evolutionary Interpretation
Isabelle Van Damme
17. The Illusion of Evolutionary Interpretation in WTO Dispute Settlement
Graham Cook
18. Prospective Linguistics and Trade: The Art of the Deal
Clément Marquet
B. Evolutionary Interpretation in Practice
19. The Evolutionary Treaty Interpretation by the WTO Appellate Body
Sondre Torp Helmersen
20. Is there Evolution in the Evolutionary Interpretation of WTO Law?
Peter Van den Bossche
21. Evolutionary Interpretation and the Appellate Bodys Existential Crisis
Mariana Clara de Andrade
22. Energy Trade in the WTO, Yesterday, Today and Tomorrow: The Role of
Evolutionary Interpretation
Jenya Grigorova
PART V
EVOLUTIONARY INTERPRETATION IN ISDS LAW
23. Evolutionary Interpretation in Investment Arbitration: About a Judicial
Taboo
Makane Moïse Mbengue and Aikaterini Florou
24. The Role of State Party Pleadings in the Evolutionary Interpretation of
International Investment Agreements
Kendra Magraw
25. Investment Treaty Signatories Joint Interpretation and the Case of the
NAFTA Free Trade Commission: Evolutionary Interpretation or Modification?
Jennifer Radford, Gregory Tereposky and Kun Hui
26. History as Interpretative Context in the Evolutionary Interpretation of
FET in International Investment Law 7
Charalampos Giannakopoulos and Malvika Monga
PART VI
EVOLUTIONARY INTERPRETATION IN EU LAW
27. Articulating Evolutionary Interpretation and the Rule of Law: The EU as a
Composite Legal Order Based on Relative Rules of Law
Nicolas Levrat
28. Multilingualism and the Dynamic Interpretation of European Union Law
Mattias Derlén
PART VII
CONCLUSION
29. Conclusion
Kenneth Keith
Georges Abi-Saab is Honorary Professor at the Graduate Institute, Geneva, Switzerland, former Chairman of the Appellate Body, World Trade Organization and a member of the Institut de Droit International. Kenneth Keith is Professor Emeritus at the Victoria University of Wellington, New Zealand, former judge of the International Court of Justice and a member of the Institut de Droit International. Gabrielle Marceau is Associate Professor at the Law Faculty, University of Geneva, Switzerland and Senior Counsellor, Legal Affairs, World Trade Organization. Clément Marquet is a PhD candidate at the University of Geneva, Faculty of Law.
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