Interpretation in International Law
Samenvatting
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.
Specificaties
Inhoudsopgave
1: Playing the Game of Interpretation: On Meaning and Metaphor in International Law, Daniel Peat and Matthew Windsor
2: The Game of Interpretation in International Law: The Players, The Cards, and why the Game is Worth the Candle, Andrea Bianchi
The Object
3: Rhetoric, Persuasion, and the Object of Interpretation in International Law, Iain Scobbie
4: The Existential Function of Interpretation in International Law, Duncan B Hollis
5: The Multidimensional Process of Interpretation: Content-Determination and Law-Ascertainment Distinguished, Jean d'Aspremont
The Players
6: Interpretation and the International Legal Profession: Between Duty and Aspiration, Andraz Zidar
7: Interpretive Communities in International Law, Michael Waibel
8: Interpretative Authority and the International Judiciary, Gleider Hernández
The Rules
9: The Vienna Rules, Evolutionary Interpretation, and the Intentions of the Parties, Eirik Bjorge
10: Accounting for Difference in Treaty Interpreation Over Time, Julian Arato
11: Interpreting Transplanted Treaty Rules, Anne-Marie Carstens
The Strategies
12: A Genealogy of Textualism in Treaty Interpretation, Fuad Zarbiyev
13: Theorizing Precedent in International Law, Harlan Grant Cohen
14: Interpretation in International Law as a Transcultural Project, René Provost
Playing the Game of Game-Playing
15: Towards a Politics of Hermeneutics, Jens Olesen
16: Cognitive Frames of Interpretation in International Law, Martin Wählisch
17: Is Interpretation in International Law a Game?, Ingo Venzke
Conclusion
18: Interpretation- an Exact Art, Philip Allott
Anderen die dit boek kochten, kochten ook
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Andrea Bianchi€ 166,58 -
J.E. van den Brink€ 60,00
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Lon Fuller€ 29,50
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Tom Barkhuysen€ 54,00
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Matthijs de Blois€ 67,50
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Cees van Dam€ 63,95
