The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence
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| Anteprima |
The
Interpretation of International Law by Domestic Courts assesses the
growing 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 rules of
international law 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 coherent
interpretive approach by domestic courts. Second, whether a common or
convergent methodological outlook can be found in domestic court
practice. Third, whether a common interpretive approach is desirable
from a normative perspective. The book identfies a considerable tension
between international law's ambition for universal and uniform
application and a plurality of different approaches. This tension
between unity and diversity is analysed by a group of leading
international lawyers from a wide range of geographical, disciplinary
and methodological approaches. Drawing on domestic practice of number of
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 in a wider
context. Its chapters offer doctrinal, practical as well as theoretical
perspectives on a central question for international law.
