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Interpretation in International Law

Edited by: Andrea Bianchi, Daniel Peat, Matthew Windsor

ISBN13: 9780198725749
Published: March 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £70.00



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The relevance of interpretation to the academic study and professional practice of international law is self-evident. As new insights on the practice and process of interpretation abound in other disciplines, 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 admittedly broader field of theoretical inquiry.

Interpretation in International Law brings together established and emerging international legal scholars to interrogate interpretation as a central concept in international law. The edited collection is creatively structured around the metaphor of the game, which captures and illuminates all the constituent elements of an act of interpretation.

The object of the game of interpretation is to persuade one's audience that your own interpretation of the law is the correct one. The rules of play are known and complied with by the players, even though which cards to play is left to the skills and strategies of the individual players. There is also a meta-discourse about the game of interpretation 'playing the game of game-playing' which involves reflection about 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.

Subjects:
Public International Law
Contents:
INTRODUCTION
1. Playing the Game of Interpretation: On Meaning and Metaphor in International Law
2. The Game of Interpretation in International Law: The Players, The Cards, and why the Game is Worth the Candle

THE OBJECT
3. Rhetoric, Persuasion, and the Object of Interpretation in International Law
4. The Existential Function of Interpretation in International Law
5. The Multidimensional Process of Interpretation: Content-Determination and Law-Ascertainment Distinguished

THE PLAYERS
6. Interpretation and the International Legal Profession: Between Duty and Aspiration
7. Interpretive Communities in International Law
8. Interpretative Authority and the International Judiciary

THE RULES
9. The Vienna Rules, Evolutionary Interpretation, and the Intentions of the Parties
10. Accounting for Difference in Treaty Interpreation Over Time
11. Interpreting Transplanted Treaty Rules

THE STRATEGIES
12. A Genealogy of Textualism in Treaty Interpretation
13. Theorizing Precedent in International Law
14. Interpretation in International Law as a Transcultural Project

PLAYING THE GAME OF GAME-PLAYING
15. Towards a Politics of Hermeneutics
16. Cognitive Frames of Interpretation in International Law
17. Is Interpretation in International Law a Game?

CONCLUSION
18. Interpretation- an Exact Art