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Interpretation in International Law
Genres:
Jurisprudence & philosophy of law, Public international law, Treaties & other sources of international law, Customary law
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Synopsis
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 of interpretation. New & Used
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What Reviewers Are Saying
There is much to commend here: the creativity on display, the eclectic range of topics canvassed, the way in which the volume brings together established and emerging scholars from a range of interpretive traditions. This thoughtful collection of essays is a valuable companion for those who face problems of interpretation in international law. * James Crawford, International Court of Justice * Owing to the excellent level of its contributions and original structure, Interpretation in International Law represents a timely and innovative addition to the literature. . . [O]ffering invaluable insight on the nature and implications of interpretive mechanics and strategies, it will undoubtedly assist scholars of international law fascinated with interpretation as well as those interested in more general and systemic issues. * Niccolo Ridi, Kings Law Journal * Interpretation in International Law is an original and thought-provoking edited volume dealing with a challenging issue of international legal theory, an issue that has a bearing on the way international legal interpretation is understood and ultimately conducted. * Odile Ammann, Harvard International Law Journal * This book is a most valuable contribution that will surely be well received and widely quoted. It circles around the metaphor of game playing, which helps to explain many aspects of the interpretative process. Interpretation is a fascinating topic, and I do hope that this well-researched and well-written book prompts further research on interpretation in international law, its theory and its practice. * Christian Djeffal, European Journal of International Law * Interpretation in International Law is explicitly different from much of the existing literature, and because of its perspective the book manages to add something new to that literature ... Its game analogy is an interesting and creative perspective on interpretation in international law ... [T]he different chapters show it can be employed to extract interesting results from practices that have hitherto primarily been analysed from positivist perspectives. * Sondre Torp Helmersen, UCL Journal of Law and Jurisprudence *