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Publisher:
Cambridge University Press
Online publication date:
November 2024
Print publication year:
2024
Online ISBN:
9781009541312
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC Creative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Book description

It is notorious that international courts and tribunals have greatly contributed to the development of customary international law (CIL) by, for instance, articulating the constituent elements of custom and clarifying the conditions required for its modification. This volume demonstrates that they have also been actively engaged in the interpretation of CIL. In elucidating CIL interpretation before and by international courts and tribunals, the volume chooses three focal points: theory, method and normative interactions. Viewing CIL and its interpretation from these vantage points leads to a more complete picture of the role and function of CIL interpretation in international courts. The volume encourages readers to question orthodox theories on CIL and its interpretation, to look anew at what has long been labelled mere identification of custom, and to take a systemic approach to CIL, which, even in the process of interpretation, remains unwaveringly connected to treaties and general principles of law.

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Contents

Full book PDF
  • Customary International Law and Its Interpretation by International Courts
    pp i-ii
  • The Rules of Interpretation of Customary International Law - Series page
    pp iii-iv
  • Copyright page
    pp vi-vi
  • Contents
    pp vii-viii
  • Contributors
    pp ix-xiv
  • Preface
    pp xv-xvii
  • Abbreviations
    pp xviii-xxii
  • Table of Cases
    pp xxiii-xxxiii
  • Table of Treaties and International Documents
    pp xxxiv-xxxviii
  • Part I - Theoretical Approaches to CIL and Its Interpretation
    pp 1-102
  • 1 - The Illusion of Gold-Digging: Interpretation of State Practice
    pp 3-23
  • 3 - Interpreting the Plural Sources of CIL
    pp 51-76
  • 4 - Interpretation Dynamics in CIL
    pp 77-102
  • An Entropic Approach
  • Part II - Methods of CIL Interpretation in International Courts
    pp 103-236
  • Tools of the Trade
  • Part III - CIL and Its Interpretation in the Normative Universe
    pp 237-325
  • Drifting towards Coherence?
  • 10 - General Principles of Law and the Interpretation of CIL
    pp 239-262
  • 13 - Indicators of Coherence and the Interpretation of CIL
    pp 299-325
  • Bibliography
    pp 326-352
  • Index
    pp 353-368

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