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The Principles of International Law : Interpretivism and Its Judicial Consequences

2014 International law
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Release : 2014
Genre : International law
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Book Synopsis The Principles of International Law : Interpretivism and Its Judicial Consequences by :

Download or read book The Principles of International Law : Interpretivism and Its Judicial Consequences written by . This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: Principles are part of international law as much as of other legal orders. Nonetheless, beyond principles referred to the functioning of IL, or the sector related discipline in discrete fields, those fundamental principles identifying the raison d'etre, purpose and value of the legal international order, as a whole, remain much disputed, to say the least. In addressing such a problem, one that deeply affects interpretation and legal adjudication, this article acknowledges the limits and weakness of legal positivism in making sense of the inter- and supra-national legal order(s). It appraises also the novel from the late Ronald Dworkin, concerning IL, and its consequence for interpretivism in the international environment, so different from State political communities and their 'integrity'. Finally, some recent cases before international Courts shall be considered, that expose difficulties stemming from traditional legal positivist strictures, and explain how judicial reasoning actually profits from asking further questions of principles. All the more so, if the issues at stake happen to be covered by two or more diverging legal regimes, that would, per sé, lead to opposite outcomes.

The Interpretation of International Law by Domestic Courts

2016-01-21 Law
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Release : 2016-01-21
Genre : Law
Kind : eBook
Book Rating : 420/5 ( reviews)

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Book Synopsis The Interpretation of International Law by Domestic Courts by : Helmut Philipp Aust

Download or read book The Interpretation of International Law by Domestic Courts written by Helmut Philipp Aust. This book was released on 2016-01-21. Available in PDF, EPUB and Kindle. Book excerpt: 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 Convention on 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, whether international 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 wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.

Interpretation in International Law

2015-02-26 Law
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Release : 2015-02-26
Genre : Law
Kind : eBook
Book Rating : 695/5 ( reviews)

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Book Synopsis Interpretation in International Law by : Andrea Bianchi

Download or read book Interpretation in International Law written by Andrea Bianchi. This book was released on 2015-02-26. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Public Reason

2023-01-13 Law
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Release : 2023-01-13
Genre : Law
Kind : eBook
Book Rating : 671/5 ( reviews)

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Book Synopsis Constitutional Public Reason by : Wojciech Sadurski

Download or read book Constitutional Public Reason written by Wojciech Sadurski. This book was released on 2023-01-13. Available in PDF, EPUB and Kindle. Book excerpt: Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance of leading 'exemplars of public reasons', including the top courts of the United States, India, Canada, Australia, Germany, and South Africa, as well as the European Court of Human Rights. It also attempts to show how this performance can be improved in fields such as freedom of expression, non-establishment of religion, and anti-discrimination law. Ultimately, it finds that the best resonance between the ideal of public reason and constitutional interpretation is found in doctrines that locate the illegitimacy of laws in the wrongful motives (or purposes) pursued by legislators. Scrutinising motives is often as important as scrutinising consequences.

International Legal Theories

2024-08-09 Political Science
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Release : 2024-08-09
Genre : Political Science
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Book Synopsis International Legal Theories by : Fouad Sabry

Download or read book International Legal Theories written by Fouad Sabry. This book was released on 2024-08-09. Available in PDF, EPUB and Kindle. Book excerpt: Unlock the profound significance of International Legal Theories within Political Science with this comprehensive guide. Gain insights into the legal principles that shape global governance and justice, enhancing your expertise in this critical field. Chapters Summaries: 1. International Legal Theories - Explore foundational and contemporary theories in international law and their impact on global legal norms. 2. Jurisprudence - Examine the philosophical foundations of law and their influence on international legal frameworks. 3. Philosophy of Law - Discover theoretical perspectives guiding the interpretation and application of legal principles across borders. 4. Legal Positivism - Understand the doctrine that laws are human-made rules and its implications for international legal systems. 5. Peremptory Norm - Learn about the highest, non-violable norms in international law, like prohibitions against genocide and torture. 6. Regime Theory - Investigate how international regimes manage global issues through legal and institutional frameworks. 7. Reflectivism - Examine the critical approach to international law, focusing on the social and political contexts shaping legal norms. 8. History of International Law - Trace the evolution of international law from its origins to present-day principles. 9. International Law - Get an overview of rules and principles governing relations between states and other international actors. 10. Legal Anthropology - Analyze how legal systems reflect societal norms and values. 11. Crime - Study international legal frameworks addressing transnational crimes and efforts to combat them. 12. Civil Liberties - Understand the protection of individual rights within international law. 13. Chinese Law - Examine Chinese legal traditions and their impact on international interactions. 14. International Relations - Analyze how international law influences global diplomacy. 15. International Human Rights Law - Investigate mechanisms designed to protect human rights globally. 16. Enforcement - Learn about methods and challenges in enforcing international legal norms and agreements. 17. Humanitarian Intervention - Discuss legal and ethical considerations of using force to protect human rights. 18. Constructivism (International Relations) - Understand how ideational factors shape international law. 19. English School of International Relations Theory - Explore contributions to the understanding of international society and legal order. 20. Abram Chayes - Learn about this influential legal scholar's contributions to international law. 21. Right to Truth - Delve into the emerging principle that victims and society have the right to know the truth about human rights violations. Ideal for professionals, students, and enthusiasts, this book provides advanced knowledge, ensuring you stay ahead in the field of international law.

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