Domestic law has long been recognised as a source of international
law, an inspiration for legal developments, or the benchmark
against which a legal system is to be assessed. Academic commentary
normally re-traces these well-trodden paths, leaving one with the
impression that the interaction between domestic and international
law is unworthy of further enquiry. However, a different - and
surprisingly pervasive - nexus between the two spheres has been
largely overlooked: the use of domestic law in the interpretation
of international law. This book examines the practice of five
international courts and tribunals to demonstrate that domestic law
is invoked to interpret international law, often outside the
framework of Articles 31 to 33 of the Vienna Convention on the Law
of Treaties. It assesses the appropriateness of such recourse to
domestic law as well as situating the practice within broader
debates regarding interpretation and the interaction between
domestic and international legal systems.
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