Articles 31 and 32 of the vienna convention on the law of treaties vclt set forth the basic rules of treaty interpretation. And secondly, it has the same legal value as the interpreted norm. Interpretation in international law by andrea bianchi. The distinction between interpretation and application of norms in. The aim is to irritate and to possibly provoke adjustments in our conceptions of interpretation. It then considers whether an international arbitration tribunal construing a contract is, in fact andor in practice, constrained by the governing law. Recommended citation caroline davidson 2017 how to read international criminal law.
As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rulebased approach, focusing almost exclusively on the vienna convention on the law of treaties. The article specifically examines the interpretation. Table of contents overview of international law il 9 definition 9. International law takes a customary form, in which society orders itself through its experience of selfordering, and a legislative form treaties. International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. On one hand, law, as the projection of an imagined future upon reality,1 needs to predict the future. Demystifying the art of interpretation oxford academic journals. How interpretation makes international law hardcover. The case for consistent interpretation in new generation eu free trade agreements a phiwan n atasha k ing a bstract this note will argue in favor of a unified approach to the national treatment standard across international trade and investment protections in recently concluded.
Human dignity and judicial interpretation of human rights. Summary international law is derived from two primary sourcesinternational agreements and customary practice. Public international law comprehensive course notes. International law of interpretation an ambiguous response to ambiguity 2006 journal of diplomatic language. The most fundamental rule is articulated in article 311. Indeed, the vclt relegates sources shedding light on the intent of the draftersincluding the negotiating history known as travaux preparatoires, or travaux of a provisionto a secondary role. On the one hand, interpretation purports to establish a. Part ii interpretation applying the vienna convention on the law of. It needed a territory, a population, a government, and the ability to engage in diplomatic or foreign relations. University of groningen interpreting the customary rules on. Domestic courts and the interpretation of international law.
Interpretation in international law hardcover andrea. Sep, 20 in this context, the question of what role international law should play in australian constitutional interpretation is an important issue. Table of contents overview of international law il 9. The rules of treaty interpretation codified in the vienna convention on the law of treaties now apply to virtually all treaties which may be encountered in an international context and also within national legal systems where treaties have an impact. Law congressional research service summary international law is derived from two primary sourcesinternational agreements and customary practice. International law sets up a framework based on states as the principal actors in. Persistent state objection and absence of state objection i. 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 rulebased approach, focusing almost exclusively on the vclt. The present chapter distinguishes four different approaches to that question in light of their strategy of critiquewhether that critique is formalist, instrumentalist, realist, or immanent. Gold, kluwer law international, londonthe hagueboston, 1996, isbn 9041108874, xxxi and 641 pp. Given that international law is constituted, in practical terms, by acts of interpretation, there is a need for greater methodological awareness of interpretive theory and practice in international law. The interpretation of international law by domestic courts.
While treaties and custom are the most important sources of international law, the others mentioned in article 38 of the icj statute of the icj should not be ignored. Authentic interpretation in public international law 847 zaorv 76 2016 interpreted norm. Treaty interpretation european journal of international. But see theresa reinold, diffusion theories and the interpretative approaches of domestic courts, in interpretation of international law, supra note 1, at 267, 287 theorizing that judicial decisionmaking around the world is. Authentic interpretation in public international law. Vienna convention on the law of treaties the primary international resource for judicial interpretation of foreign treaties or other instruments is the 1969 vienna convention on the law of treaties2 a treaty that the supreme. Strict construction and the rome statute of the international. But see theresa reinold, diffusion theories and the interpretative approaches of domestic courts, in interpretation of international law, supra note 1, at 267, 287 theorizing that judicial decisionmaking around the world. Authentic interpretations can be found in various contexts such as international tax law, international trade law, or international investment. The court treats these rules without any doubt as general, or customary international law at 16. This legal prediction, however, suffers from two main human failings in hla harts.
The practice of interpretation in international law. Russia and china challenge the western hegemony in the. The relevance of interpretation to the academic study and professional practice of international law is. International law is the law governing relations between states. However, the second, intentionalist, approach to treaty interpretation has never been popular in international law. University of groningen interpreting the customary rules. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. It compares the united nations charter and the united states constitution, citing that both provide institutional mechanisms to accomplish goals identified only as majestic generalities. A growing number of areas of international law concern the protection of individuals and the responsibility of individuals. Interpretation of secondary instruments in international law. International law legal definition of international law.
To qualify as a subject under the traditional definition of international law, a state had to be sovereign. The declaration has already been subject to insightful commentary in the western blogosphere, for example by ingrid wuerth the context of the declaration is that both russia and china have recently faced criticism for their attitudes towards, and even violations. A secondary instrument under international law is, for the purposes of this article, a written document adopted by a body empowered by a treaty to take action with respect to the treaty, but which is not itself a treaty. International treaties occupy the same significant position in the field of international law as the legislation occupies in the municipal law.
As with other parts of international law, the scholarly interest in this theme has developed in cycles. This list is no longer thought to be complete but it provides a useful starting point. Principles of interpretation of contracts under english. This article discusses the interpretation of contracts in international arbitration, looking first at the current position on the interpretation of contracts as established by the english courts. In the cases of the serbian and the brazilian loans. International law sets up a framework based on states as the principal actors in the international legal system.
Sources of public international law 50 statute of the international court of justice, articles 381 and 59 50 analysis of sources of il jus cogens and lex specialis 50. Interpretation in international law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. Interpretation can shift the meaning of texts and, in its own way, make law. The practice and theory of treaty interpretation form a classical theme of the law of treaties. This article explores the dilemma from a theoretical perspective, drawing on a distinction between the reliance on international law as a source of ideas, on the one hand, and reliance on international law. Acknowledgments abbreviations introduction 1 the subject and basic claims of this book 2 structure and approach 3 the benchmarks of legality and quality part 1 what is interpretation. The legal interpretation is the foundation of law, the need for these operations lies in. The primary treaty governing judicial interpretation of international agreements is discussed below. International law provides no easy answer to the problem ofseparatist movements. The centrality of interpretation to the law in general lies in two of laws inherent features. The systemic integration of international law by domestic courts. Instead, as in so many other areas, opposing principles seem to come in complementary pairs.
The international law on the use of force by states is governed both by treaty the u. The interpretation of statutes is one of the most important subject usually taught in law llb 3rd year. General principles of international law judicial monitor. The present chapter distinguishes four different approaches to that question in light of their strategy of critiquewhether that. In this context, the question of what role international law should play in australian constitutional interpretation is an important issue. This chapter discusses constitutional interpretation of a charter. Interpretation in international law oxford scholarship. The relevance of interpretation to the academic study and professional practice of international law is selfevident. It defines the states legal responsibilities in their. Garner, as editor in chief of blacks law dictionary and author of garners dictionary of legal usage, is the most renowned expert on the language of the law. Principles of interpretation of contracts under english law.
Introduction to international law robert beckman and. I have shared brief and tothe point notes that will help you revise this subject in quick time. Treaty interpretation international law oxford bibliographies. Benchbook on international law detailed table of contents 2014 page vii i. Pdf international law of interpretation an ambiguous. Understanding international law what is international law. The practice of interpretation brings the law to life. This is particularly clear in the way human rights, international humanitarian law and international criminal law have developed. Switzerland, which is no great political or military power, is committed. National legal systems including private international law are part of the international legal system.
Interpretation is both a cognitive and a creative process. International law in constitutional interpretation. International law consists of the rules and principles of general application. Interpretation of statutes pdf notes, ebook for law llb.
Interpretation in international law oxford university press. Moreover, most international agreements can be terminated. In the practice of interpretation actors debate the meaning of the written and customary laws, and so. International law is the law of international society. International court of justice and a range of specialised international courts and tribunals. A treaty shall be interpreted in good faith in accordance with the ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose.
Pdf international law and pragmatics an account of. Understanding international law united nations treaty collection. This book explains the rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. The interpretation of international organization charters is more than the sum of the application of rules whether contained in the vienna convention on the law of treaties or reserved for constitutional treaties.
Gardiner correctly states that nowadays the international court of justice icjs application of the 1969 vclt rules to interpretation is virtually axiomatic at 15. Human dignity and judicial interpretation of human rights 657 and respect because of a particular status that he or she had. Such instruments find increasing application in international law. In international law, default customary rules exist only with respect to the interpretation of treaty instruments, and are found in articles 31 and 32 of the 1969 vclt. On 25 june 2016, the presidents of russia and china adopted a common declaration on the promotion of international law in beijing. Listofabbreviations draftarticleswith commentaries 1966 international law commission, draft articles on thelawoftreatieswithcommentaries,reportto. International law and pragmatics an account of interpretation in international law. Authentic interpretation in public international law zaorv. Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Reading law is an essential guide to anyone who wishes to prevail in a legal argumentbased on a constitution, a statute, or a contract. The body of law that governs the legal relations between or among states or nations.