The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence by Helmut Philipp AustThe Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence by Helmut Philipp Aust

The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence

EditorHelmut Philipp Aust, Georg Nolte

Hardcover | February 20, 2016

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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 Conventionon 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, whetherinternational 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 widercontext. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.
Helmut Philipp Aust, Dr. iur., is a Senior Research Fellow at Humboldt University Berlin. He was previously a Research Fellow at the University of Munich as well as a Visiting Fellow at the Lauterpacht Centre of International Law at the University of Cambridge and a Visiting Scholar at Melbourne Law School. He is the author of Complici...
Title:The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, ConvergenceFormat:HardcoverDimensions:400 pagesPublished:February 20, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198738927

ISBN - 13:9780198738923

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Table of Contents

1. Georg Nolte: IntroductionPart I: Foundations and Doctrinal Aspects2. Michael Waibel: Principles of Treaty Interpretation - Developed for and Applied by National Courts3. Andre Nollkaemper: Grounds for the Application of International Rules of Interpretation in National Courts4. Eirik Bjorge: 'Contractual' and 'Statutory' Treaty Interpretation in Domestic Courts? Convergence around the Vienna Rules5. Antonios Tzanakopoulos: Judicial Dialogue as A Means of Interpretation6. Mathias Forteau: The Role of the International Rules of Interpretation for the Determination of Direct Effect of International Agreements7. Peter Staubach: The Interpretation of Unwritten International Law by Domestic JudgesPart II: The Practice of Domestic Courts in Context8. Dire Tladi: Interpretation of Treaties in an International Law-Friendly Framework: the Case of South Africa9. Alejandro Rodiles: The Law and Politics of the Pro Persona Principle in Latin America10. Christian Djeffal: Dynamic and Evolutive Interpretation of the ECHR by Domestic Courts? An Inquiry into the Judicial Architecture of Europe11. Julian Arato: Deference to the Executive: The US Debate in Global Perspective12. Yukiko Takashiba: Gingerly Walking on the VCLT Frontier? Reflections from a Survey on the Interpretive Approach of the Japanese Courts to Treaties13. Vik Kanwar: Treaty Interpretation in Indian Courts - Adherence, Coherence, and ConvergencePart III: Unity, Diversity, Convergence: Theoretical Perspectives14. Theresa Reinold: Diffusion Theories and the Interpretive Approaches of Domestic Courts15. Achilles Skordas: Treaty Interpretation and Global Governance: The Role of Domestic Courts16. Olga Frishman and Eyal Benvenisti: National Courts and Interpretive Approaches to International Law: The Case Against Convergence17. Helmut Philipp Aust: Between Universal Aspiration and Local Application: Concluding Observations