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Interpretation of Customary International Law : Of Methods and Limits / Panos Merkouris.
- Format:
- Book
- Author/Creator:
- Merkouris, Panos, author.
- Series:
- Brill Research Perspectives in International Law.
- Brill Research Perspectives in International Law Series
- Language:
- English
- Subjects (All):
- International law.
- Physical Description:
- 1 online resource (108 pages)
- Edition:
- First edition.
- Place of Publication:
- Leiden, The Netherlands : Koninklijke Brill BV, [2024]
- Language Note:
- English
- Summary:
- In international law interpretation is ubiquitous. However, whereas in the case of treaty interpretation, this process has been codified in Articles 31-33 of the Vienna Convention on the Law of Treaties, the interpretation of rules of customary international law has remained largely unexplored. This monograph demonstrates not only that rules of customary international law can be interpreted but also that they have continuously been interpreted by international and domestic courts. Through an examination of this case-law, the various methods of interpretation of customary rules and their limits are identified as well as the similarities and differences with the rules of treaty interpretation.
- Contents:
- Contents
- Abbreviations
- 1 Introduction
- 2 Interpretation of Customary International Law: Barred Due to Its Nature, or a Valid Method of Content-Determination?
- 3 The Interpretability and Interpretation of Customary International Law in International Case-Law
- 4 The Interpretability and Interpretation of Customary International Law in Domestic Case-Law
- 5 Boundless or Bounded Interpretation?: the Conundrum of In/correct Interpretations
- 6 Precautions/Limits of Interpretation
- 7 Jus Cogens Norms as a Limit in the Interpretation of Customary International Law
- 8 Revision as a Limit in the Interpretation of Customary International Law
- 9 Misinterpretation: the Rules of Interpretation as a Limit in the Interpretation of Customary International Law
- 10 Conclusion
- Annex: 2023 TRICI-Law Draft Guiding Principles on the Interpretation of Rules of Customary International Law
- Bibliography.
- Notes:
- Description based on publisher supplied metadata and other sources.
- Description based on print version record.
- Includes bibliographical references.
- ISBN:
- 9789004529991
- 9004529993
- Publisher Number:
- 10.1163/9789004529991 DOI
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