Comparative reasoning in international courts and tribunals / Daniel Peat.

Format:

Book

Author/Creator:

Peat, Daniel, author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 145.

Cambridge studies in international and comparative law ; 145

Language:

English

Subjects (All):

International courts--Rules and practice.

International courts.

International and municipal law.

Comparative law.

Physical Description:

1 online resource (xxv, 258 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2019.

System Details:

text file

PDF

Summary:

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.

Notes:

Title from publisher's bibliographic system (viewed on 27 May 2019).

Other Format:

Print version:

ISBN:

9781108233828

Access Restriction:

Restricted for use by site license.