The interpretation of acts and rules in public international law
Orakhelashvili, Alexander
The interpretation of acts and rules in public international law - Oxford New York Oxford University Press 2008 - 591 p.
Contents: Doctrinal treatment of the effectiveness of legal regulation -- Characteristics and implications of the effectiveness of legal regulation -- The essence of the threshold of legal regulation -- Customary law and inherent rules -- Fact as non-law and the limits on its relevance -- Interest as non-law -- Values as non-law -- Quasi-normative non-law -- Conceptual aspects of interpretation -- Treaty interpretation : rules and methods -- Treaty interpretation : effectiveness and presumptions -- Interpretation of jurisdictional instruments -- Interpretation of unilateral acts and statements -- Interpretation of institutional decisions -- Interpretation of customary rules -- The agencies of interpretation -- The essence of and response to the indeterminacy of treaty provisions -- Equity and equitable considerations in treaties.
There are frequent claims that the international legal regulation of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary pre-requisite for international law to be viewed as law.
9780199546220
DERECHO INTERNACIONAL
TRATADOS
DERECHO DE LOS TRATADOS
341 / O63 2008
The interpretation of acts and rules in public international law - Oxford New York Oxford University Press 2008 - 591 p.
Contents: Doctrinal treatment of the effectiveness of legal regulation -- Characteristics and implications of the effectiveness of legal regulation -- The essence of the threshold of legal regulation -- Customary law and inherent rules -- Fact as non-law and the limits on its relevance -- Interest as non-law -- Values as non-law -- Quasi-normative non-law -- Conceptual aspects of interpretation -- Treaty interpretation : rules and methods -- Treaty interpretation : effectiveness and presumptions -- Interpretation of jurisdictional instruments -- Interpretation of unilateral acts and statements -- Interpretation of institutional decisions -- Interpretation of customary rules -- The agencies of interpretation -- The essence of and response to the indeterminacy of treaty provisions -- Equity and equitable considerations in treaties.
There are frequent claims that the international legal regulation of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary pre-requisite for international law to be viewed as law.
9780199546220
DERECHO INTERNACIONAL
TRATADOS
DERECHO DE LOS TRATADOS
341 / O63 2008
