The Interpretation of Acts and Rules in Public International Law

Hardcover | June 15, 2008

byAlexander Orakhelashvili

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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 ofinterpretation 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, thismonograph examines 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 examine the legal framework of interpretation that serves themaintenance 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 anddeterminacy 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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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 ofinterpretation in international law based on the premise...

Alexander Orakhelashvili (LLM Leiden, PhD Cantab.) is a fellow at Jesus College, Oxford. He has previously taught international law in the Universities of London and Cambridge. His research includes all areas of international law. He has previously published Peremptory Norms in International Law (OUP, Oxford Monographs in Internationa...

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Format:HardcoverDimensions:560 pages, 9.21 × 6.14 × 1.57 inPublished:June 15, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199546223

ISBN - 13:9780199546220

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Table of Contents

IntroductionPart I - The Effectiveness of International Legal Regulation1. Doctrinal Treatment of the Effectiveness of Legal Regulation2. Characteristics and Implications of the Effectiveness of Legal RegulationPart II - Threshold of Legal Regulation3. The Essence of the Threshold of Legal Regulation4. Customary Law and Inherent RulesPart III - Law and Non-law in the International Legal System5. Fact as Non-Law and the Limits on its Relevance6. Interest as Non-Law7. Values as Non-law8. Quasi-Normative Non-LawPart IV - The Regime and Methods of Interpretation in International Law9. Conceptual Aspects of Interpretation10. Treaty Interpretation: Rules and Methods11. Treaty Interpretation: Effectiveness and Presumptions12. Interpretation of Jurisdictional Instruments13. Interpretation of Unilateral Acts and Statements14. Interpretation of Institutional Decisions15. Interpretation of Customary Rules16. The Agencies of InterpretationPart V - Treaty Interpretation and Indeterminate Provisions of Non-Law17. The Essence of and Response to the Indeterminacy of Treaty Provisions18. Equity and Equitable Considerations in TreatiesConclusion