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International law is an underdeveloped branch of legal research:
researchers still disagree over the proper understanding of several
of its most fundamental issues, and genuinely so. This book helps
to explain why. It brings clarity that will no doubt make
international legal research more rational, which in turn vouches
for a more productive legal discourse. The author, together with
invited contributors, builds an argument around theories of
epistemological justification. As chapters contend, in
international legal discourse, the construction of knowledge about
international law presupposes some notion of an international legal
system. International legal discourse accommodates several such
notions. Each notion derives from a different conception of law.
Thus, depending on whether a researcher endorses a legal
positivist's, a legal idealist's or a legal realist's conception of
law, he or she will be constructing knowledge of international law
under different epistemic conditions. The book sheds considerable
light on these different conditions, with several chapters
exploring how the different notions of an international legal
system play out in the context of a series of concrete themes of
legal practice. In doing so, the book helps to build a bridge
between the practical and more philosophical aspects of this topic.
This book will be an ideal companion for scholars of international
law. Lawyers and students interested in legal theory and philosophy
will also benefit from this thought-provoking study.
Whilst the concept of jus cogens has grown increasingly more
important in public international law, lawyers remain hugely
divided both over what precisely confers a jus cogens status on a
norm, and what this conferral implies in terms of legal
consequences. In this ground-breaking book, Ulf Linderfalk clearly
and succinctly explores the reasons for this divide in order to
facilitate more rational and productive future discourse. Offering
a new focus for jus cogens research, this insightful work moves
beyond traditionally designed investigations of the application of
jus cogens in international law and instead analyses the many
implicit basic assumptions held by participants in international
legal discourse, and the way in which these assumptions explain
their various claims. Clarifying the precise relationship between
submitted propositions and a legal positivist or legal idealist
frame of mind, this captivating book will influence not only the
future understanding and practice of international law, but also
its codification and progressive development. Scholars and advanced
students of public international law, and international legal
theory especially, will find this book a stimulating and novel
read. Practitioners and judicial bodies will also benefit from a
deeper understanding of the many issues and influences surrounding
the concept of jus cogens.
This is the first comprehensive account of the modern
international law of treaty interpretation expressed in 1969 Vienna
Convention, Articles 31-33. As stated by the anonymous referee, it
is the most theoretically advanced and analytically refined work
yet accomplished on this topic. The style of writing is clear and
concise, and the organisation of the book meets the demands of
scholars and practitioners alike.
In the practice of modern international law, disputes as to the
meaning of specific treaty provisions are a frequent occurrence. It
is the assumption underlying any such dispute that in a process of
interpretation a distinction has to be made between the legally
correct and incorrect interpretation result. The legal correctness
of an interpretation result is determined by reference to the
relevant international law, as reflected in the 1969 Vienna
Convention on the Law of Treaties (VCLT), Articles 31-33. Hence,
the regime laid down in VCLT Articles 31-33 will have to be
described as a system of rules. This book investigates the contents
and structure of this system. By importing knowledge from
linguistics, and pragmatics in particular, a model is established
giving representation to the concept of a rule of interpretation.
Drawing on this model, the book then proceeds to reconstruct the
contents of the various rules of interpretation.
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