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The Interpretation of International Law by Domestic Courts - Uniformity, Diversity, Convergence (Hardcover)
Loot Price: R4,578
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The Interpretation of International Law by Domestic Courts - Uniformity, Diversity, Convergence (Hardcover)
Series: International Law and Domestic Legal Orders
Expected to ship within 12 - 19 working days
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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.
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