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Interpretation of Customary International Law: Of Methods and Limits: Brill Research Perspectives in International Law / Brill Research Perspectives in International Legal Theory and Practice

Autor Panos Merkouris
en Limba Engleză Paperback – 12 sep 2024
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.
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Notă biografică

Panos Merkouris is Professor of International Law at the University of Groningen, and Principal Investigator of the TRICI-Law project. He specialises in interpretation, law of treaties, sources of international law, and dispute settlement, on all of which he has written extensively.

Cuprins

Contents
Abbreviations
1 Introduction
2 Interpretation of Customary International Law: Barred Due to ItsNature, or a Valid Method of Content-Determination?
3 The Interpretability and Interpretation of Customary International Lawin International Case-Law
4 The Interpretability and Interpretation of Customary International Lawin Domestic Case-Law
5 Boundless or Bounded Interpretation?: the Conundrum of In/correctInterpretations
6 Precautions/Limits of Interpretation
7 Jus Cogens Norms as a Limit in the Interpretation of CustomaryInternational Law
8 Revision as a Limit in the Interpretation of Customary InternationalLaw
9 Misinterpretation: the Rules of Interpretation as a Limit in theInterpretation of Customary International Law
10 Conclusion
Annex: 2023 TRICI-Law Draft Guiding Principles on the Interpretation ofRules of Customary International Law
Bibliography