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Interpretation in International Law [Kõva köide]

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Edited by (Professor of Law, Graduate Institute of International and Development Studies, Geneva), Edited by (PhD Candidate, Gonville & Caius College, University of Cambridge), Edited by (PhD Candidate, Gonville & Caius College, University of Cambridge)
  • Formaat: Hardback, 432 pages, kõrgus x laius x paksus: 240x164x30 mm, kaal: 784 g
  • Ilmumisaeg: 26-Feb-2015
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198725744
  • ISBN-13: 9780198725749
Teised raamatud teemal:
Interpretation in International LawSuurem pilt
  • Formaat: Hardback, 432 pages, kõrgus x laius x paksus: 240x164x30 mm, kaal: 784 g
  • Ilmumisaeg: 26-Feb-2015
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198725744
  • ISBN-13: 9780198725749
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9780198725749.html
Märksõnad:
The relevance of interpretation to the academic study and professional practice of international law is self-evident. As new insights on the practice and process of interpretation abound in other disciplines, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and admittedly broader field of theoretical inquiry.

Interpretation in International Law brings together established and emerging international legal scholars to interrogate interpretation as a central concept in international law. The edited collection is creatively structured around the metaphor of the game, which captures and illuminates all the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade one's audience that your own interpretation of the law is the correct one. The rules of play are known and complied with by the players, even though which cards to play is left to the skills and strategies of the individual players. There is also a meta-discourse about the game of interpretation 'playing the game of game-playing' which involves reflection about the nature of the game, its underlying stakes, and who gets to decide by what rules one should play.

Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Arvustused

There is much to commend here: the creativity on display, the eclectic range of topics canvassed, the way in which the volume brings together established and emerging scholars from a range of interpretive traditions. This thoughtful collection of essays is a valuable companion for those who face problems of interpretation in international law. * James Crawford, International Court of Justice * Owing to the excellent level of its contributions and original structure, Interpretation in International Law represents a timely and innovative addition to the literature. . . [ O]ffering invaluable insight on the nature and implications of interpretive mechanics and strategies, it will undoubtedly assist scholars of international law fascinated with interpretation as well as those interested in more general and systemic issues. * Niccolò Ridi, Kings Law Journal * Interpretation in International Law is an original and thought-provoking edited volume dealing with a challenging issue of international legal theory, an issue that has a bearing on the way international legal interpretation is understood and ultimately conducted. * Odile Ammann, Harvard International Law Journal * This book is a most valuable contribution that will surely be well received and widely quoted. It circles around the metaphor of game playing, which helps to explain many aspects of the interpretative process. Interpretation is a fascinating topic, and I do hope that this well-researched and well-written book prompts further research on interpretation in international law, its theory and its practice. * Christian Djeffal, European Journal of International Law * Interpretation in International Law is explicitly different from much of the existing literature, and because of its perspective the book manages to add something new to that literature ... Its game analogy is an interesting and creative perspective on interpretation in international law ... [ T]he different chapters show it can be employed to extract interesting results from practices that have hitherto primarily been analysed from positivist perspectives. * Sondre Torp Helmersen, UCL Journal of Law and Jurisprudence *

Table of Cases
xvii
List of Abbreviations
xxiii
List of Contributors
xxix
I INTRODUCTION
1 Playing the Game of Interpretation: On Meaning and Metaphor in International Law
3(31)
Daniel Peat
Matthew Windsor
Introduction
3(1)
I Interpretation in International Law---The State of Play
4(5)
II In Search of Meaning
9(7)
III What's in a Game?
16(12)
IV The Game Plan
28(6)
Conclusion
33(1)
2 The Game of Interpretation in International Law: The Players, the Cards, and Why the Game is Worth the Candle
34(27)
Andrea Bianchi
I The Game
34(2)
II The Object
36(3)
III The Players
39(4)
IV The Cards
43(6)
V Strategies
49(3)
VI Playing the Game of Game Playing
52(2)
VII Why is the Game Worth the Candle?
54(3)
VIII Conclusion
57(4)
II THE OBJECT
3 Rhetoric, Persuasion, and Interpretation in International Law
61(17)
Iain Scobbie
I The Art of Rhetoric
61(1)
II Rhetoric---Legal Argumentation as an Interpretative Mechanism
62(3)
III Blame it all on the Ancient Greeks
65(1)
IV Rediscovering the Past---The Resurgence of Rhetoric in the Twentieth Century
66(2)
V The Elements of Effective Rhetoric---Audience, Topics, Choice
68(5)
VI Rhetoric, Interpretation, and Law
73(4)
VII The Value of Rhetoric
77(1)
4 The Existential Function of Interpretation in International Law
78(33)
Duncan B. Hollis
Introduction
78(2)
I The Expository Function of (Treaty) Interpretation in International Law
80(4)
II The Existential Function of Interpretation in International Law
84(17)
III The Consequences of Interpretation's Existential Function
101(10)
Conclusion
108(3)
5 The Multidimensional Process of Interpretation: Content-Determination and Law-Ascertainment Distinguished
111(22)
Jean d'Aspremont
Introduction
111(2)
I Committed Interpretation and the Necessary Feeling of `Out-There-Ness'
113(3)
II A Dichotomic View on the Game of Interpretation
116(12)
III Conclusion: Salvaging the Game of Interpretation?
128(5)
III THE PLAYERS
6 Interpretation and the International Legal Profession: Between Duty and Aspiration
133(14)
Andraz Zidar
Introduction
133(1)
I Interpretation of International Law as a Complex Process
134(1)
II International Legal Professions and the Interpretive Process
135(12)
Conclusion: The Duty and Aspiration of Interpretation
144(3)
7 Interpretive Communities in International Law
147(19)
Michael Waibel
Introduction
147(1)
I The Role of Interpretive Communities in Interpretation
148(6)
II Diverse Interpretive Communities and Fragmentation
154(6)
III Interpretive Communities as Advocates of Distinct Normative Visions of International Law
160(6)
Conclusion
164(2)
8 Interpretative Authority and the International Judiciary
166(23)
Gleider Hernandez
Introduction
166(2)
I Interpretative Theory
168(7)
II The Fallacy in the Interpretation and Application Distinction
175(14)
Conclusion: Judicial Interpretation and the Claim to Normative Authority
181(8)
IV THE RULES
9 The Vienna Rules, Evolutionary Interpretation and the Intentions of the Parties
189(16)
Eirik Bjorge
Introduction
189(3)
I Vienna Rules and the Search for Intention
192(6)
II A Re-reading of the Vienna Rules
198(7)
Conclusion
203(2)
10 Accounting for Difference in Treaty Interpretation Over Time
205(24)
Julian Arato
Introduction
205(4)
I Old and New Explanations of Difference
209(8)
II The Nature of the Obligation
217(12)
Conclusion
226(3)
11 Interpreting Transplanted Treaty Rules
229(22)
Anne-Marie Carstens
Introduction
229(2)
I An Overview of Transplanted Treaty Rules
231(4)
II The Framework for Interpreting Transplanted Treaty Rules
235(16)
Conclusion
247(4)
V THE STRATEGIES
12 A Genealogy of Textualism in Treaty Interpretation
251(17)
Fuad Zarbiyev
Introduction: Taking Historicity Seriously
251(4)
I Textualism: The Dominant Interpretive Paradigm in Modern International Law
255(2)
II The Official Victory of Textualism: Situating a Success Story
257(11)
Conclusion
266(2)
13 Theorizing Precedent in International Law
268(22)
Harlan Grant Cohen
Introduction
268(3)
I Precedent's Purpose
271(4)
II Precedent as Practice
275(6)
III Telling Precedent's Story
281(9)
Conclusion
288(2)
14 Interpretation in International Law as a Transcultural Project
290(21)
Rene Provost
Introduction
290(2)
I Interpretation in International Law
292(11)
II The Transcultural Nature of Interpretation in International Law
303(8)
Conclusion
308(3)
VI PLAYING THE GAME OF GAME-PLAYING
15 Towards a Politics of Hermeneutics
311(20)
Jens Olesen
Introduction
311(2)
I Against a Politics of Interpretation
313(2)
II Nietzsche and the Interpretive `Will to Power'
315(7)
III Enter Language Conventions
322(9)
Conclusion: On Decoding Ideology
327(4)
16 Cognitive Frames of Interpretation in International Law
331(21)
Martin Wahlisch
Introduction
331(1)
I Cognitive Frame Theory and the Sociology of Law
332(7)
II Case Studies and Examples
339(13)
Conclusion
347(5)
17 Is Interpretation in International Law a Game?
352(21)
Ingo Venzke
Introduction
352(2)
I Like a Game of Chess
354(2)
II The Grammar of the Game
356(3)
III The Nature of the Game Reconsidered
359(6)
IV International Law as a Practice
365(2)
V And if There Was No Language to Play With?
367(6)
VII CONCLUSION
18 Interpretation---An Exact Art
373(20)
Philip Allott
Introduction
373(1)
I What is Interpretation?
373(2)
II The Illusion of Meaning
375(1)
III Legal Interpretation
376(4)
IV The Moments of Interpretation
380(2)
V Deontology of Interpretation
382(11)
Summary
392(1)
Index 393
Andrea Bianchi is Professor of International Law and Head of the International Law Department at The Graduate Institute of International and Development Studies, Geneva. Previously, he was a Professor at the Catholic University, Milan, Associate Professor at the University of Parma and Professorial Lecturer in International Law at the Bologna Centre of Johns Hopkins University. He has researched and published extensively on various aspects of public international law, with a particular emphasis on theoretical and methodological issues.



Daniel Peat is a PhD candidate in Law at the University of Cambridge. He is a member of Gonville & Caius College, and a recipient of the WM Tapp Studentship in Law. He is a graduate of The Graduate Institute, Geneva and the London School of Economics, and has been a visiting researcher/scholar at Harvard Law School, the Max Planck Institute for Comparative Public Law and International Law, and Sciences Po, Paris. He has taught in the Faculty of Law and Department of Politics and International Studies at the University of Cambridge.



Matthew Windsor is a PhD candidate in Law at the University of Cambridge. He is a member of Gonville & Caius College, and a recipient of the WM Tapp Studentship in Law. He is a graduate of Columbia Law School and the University of Auckland. He has taught in the Faculty of Law and Department of Politics and International Studies at the University of Cambridge. He has previously worked as a litigation associate at the Open Society Justice Initiative in New York City and as a judge's clerk at the Court of Appeal of New Zealand.