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Books > Law > International law > Public international law > Treaties & other sources of international law
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The Interpretation of Acts and Rules in Public International Law (Hardcover, New)
Loot Price: R3,849
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The Interpretation of Acts and Rules in Public International Law (Hardcover, New)
Series: Oxford Monographs in International Law
Expected to ship within 10 - 15 working days
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There are frequent claims that the international legal regulation
of international law is uncertain, vague, ambiguous, or
indeterminate, which does not support the stability, transparency,
or predictability of international legal relations. This monograph
examines the framework of interpretation in international law based
on the premise of the effectiveness and determinacy of
international legal regulation, which is a necessary pre-requisite
for international law to be viewed as law.
This study examines this problem for the first time since these
questions were addressed, and taken as the basic premises of the
international legal analysis, in the works of JL Brierly and Sir
Hersch Lauterpacht. Addressing the different aspects of the
effectiveness of legal regulation, this monograph explores the
structural limits on, and threshold of, legal regulation, and the
relationship between the established legal regulation and non-law.
Once the limits of legal regulation are ascertained, the analysis
proceeds to study the legal framework of interpretation that serves
the maintenance and preservation of the object and intendment of
the existing legal regulation.
The final indispensable stage of analysis is the interpretation of
those treaty provisions that embody the indeterminate conditions of
non-law. Given that the generalist element of international legal
doctrine has been virtually silent on the problem and implications
of the effectiveness and determinacy of international legal
regulation, this study examines the material accumulated in
doctrine and practice for the past several decades, including the
relevant jurisprudence of all major international tribunals.
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