Domestic courts and the interpretation of international law : methods and reasoning based on the Swiss example / by Odile Ammann.
2020
KKW2325 .A46 2020 (Mapit)
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Details
Author
Title
Domestic courts and the interpretation of international law : methods and reasoning based on the Swiss example / by Odile Ammann.
Imprint
Leiden ; Boston : Brill Nijhoff [2020]
Description
xviii, 383 pages ; 25 cm.
Series
Developments in international law ; v. 72. 0924-5332
Formatted Contents Note
Part 1. What is interpretation
The interpretation of international law by domestic courts : a topic that matters
Terminology and conceptual apparatus
Interpreting international law in context : domestic specificities
Part 2. Why interpret?
The legal effect of domestic rulings in international law
Part 3. How to Interpret?
The need for interpretative methods in international law
The interpretative methods of international law : what are they, and why use them?
Swiss courts and treaty interpretation
Swiss courts and the interpretation of unwritten international law
Conclusion and recommendations.
The interpretation of international law by domestic courts : a topic that matters
Terminology and conceptual apparatus
Interpreting international law in context : domestic specificities
Part 2. Why interpret?
The legal effect of domestic rulings in international law
Part 3. How to Interpret?
The need for interpretative methods in international law
The interpretative methods of international law : what are they, and why use them?
Swiss courts and treaty interpretation
Swiss courts and the interpretation of unwritten international law
Conclusion and recommendations.
Summary
"[This book] examines how domestic judges do and must interpret international law. [The author] analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, [the author] offers...theoretical reflection on this topic. Based on a detailed study of the judicial practice, [the author] shows how courts' interpretative method and reasoning can be further improved. [The author] also argues that interpretative methods must be taken more seriously in international law. While [this book] primarily uses the Swiss example to illustrate her claims, the basic tenets of...analysis apply to any domestic legal context."-- Back cover.
Note
Based on the author's dissertation, Faculty of Law, University of Fribourg, 2017.
Bibliography, etc. Note
Includes bibliographical references (pages 333-372) and index.
Call Number
KKW2325 .A46 2020
Language
English
ISBN
9789004409873 (e-book)
9789004409866
9004409866
9789004409866
9004409866
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