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This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
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 illu...
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
Sustainability challenges blur the boundaries between academic disciplines, between research, policy and practice, and between states, markets and society. What do exemplary scientists and organisations do to bridge the gaps between these groups and help their research to make the greatest impact? How do they do it? And how can their best practices be adapted for a diverse range of specific sustainability challenges? Enhancing Science Impact: Bridging Research, Policy and Practice for Sustainability addresses these questions in an accessible and engaging way. It provides principles explaining how research programs can work more effectively across the boundaries between science, society and decision-making by building social and institutional networks. The book suggests useful ways of thinking about a diverse range of problems and then offers five approaches to help embed science in sustainability governance. It will be an indispensable guide for researcher leaders, science program managers and science policy advisers interested in ensuring that applied research can meaningfully contribute to sustainability outcomes.
Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.
Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
Are states allowed to prohibit the importation of products made by children? Can foreign investors claim compensation when their host state raises the minimum wage? In this book Ruben Zandvliet examines the ways in which international trade and investment law enables and constrains the ability of states to regulate labour. In addition to analysing the interactions between the relevant norms, it explains how linkages between international economic law and labour navigate between two notions: fair competition and fundamental rights. This study is agnostic about which of these objectives ought to shape international law, thus allowing a critical examination of the relevant rules of public international law, as well as legal and economic scholarship.
This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.
The Geomorphology of Upland Peat offers a detailed synthesis of existing literature on peat erosion, incorporating new research ideas and data from two leading experts in the field. Presents the most detailed and current work to date Written in a style that is both intelligent and accessible Fully illustrated with original drawings and photographs Relevant and information for a broad audience working on organic sediments in various environments