Interpretation in International Law

Hardcover | March 26, 2015

EditorAndrea Bianchi, Daniel Peat, Matthew Windsor

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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach,focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation.The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation- "playing the game of game-playing" - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play.Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects ofinterpretation.

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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach,focusing almost exclusively on the Vienna Convent...

Andrea Bianchi is Professor of International Law and Head of the International Law Department at The Graduate Institute of International and Development Studies, Geneva. Previously, he was a Professor at the Catholic University, Milan, Associate Professor at the University of Parma and Professorial Lecturer in International Law at the ...

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Format:HardcoverDimensions:432 pages, 9.21 × 6.14 × 1.17 inPublished:March 26, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198725744

ISBN - 13:9780198725749

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Table of Contents

Introduction1. Daniel Peat and Matthew Windsor: Playing the Game of Interpretation: On Meaning and Metaphor in International Law2. Andrea Bianchi: The Game of Interpretation in International Law: The Players, The Cards, and why the Game is Worth the CandleThe Object3. Iain Scobbie: Rhetoric, Persuasion, and the Object of Interpretation in International Law4. Duncan B Hollis: The Existential Function of Interpretation in International Law5. Jean d'Aspremont: The Multidimensional Process of Interpretation: Content-Determination and Law-Ascertainment DistinguishedThe Players6. Andraz Zidar: Interpretation and the International Legal Profession: Between Duty and Aspiration7. Michael Waibel: Interpretive Communities in International Law8. Gleider Hernandez: Interpretative Authority and the International JudiciaryThe Rules9. Eirik Bjorge: The Vienna Rules, Evolutionary Interpretation, and the Intentions of the Parties10. Julian Arato: Accounting for Difference in Treaty Interpreation Over Time11. Anne-Marie Carstens: Interpreting Transplanted Treaty RulesThe Strategies12. Fuad Zarbiyev: A Genealogy of Textualism in Treaty Interpretation13. Harlan Grant Cohen: Theorizing Precedent in International Law14. Rene Provost: Interpretation in International Law as a Transcultural ProjectPlaying the Game of Game-Playing15. Jens Olesen: Towards a Politics of Hermeneutics16. Martin Wahlisch: Cognitive Frames of Interpretation in International Law17. Ingo Venzke: Is Interpretation in International Law a Game?Conclusion18. Philip Allott: Interpretation- an Exact Art