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Interpretation of Customary International Law
Of Methods and Limits
Series:
Author:
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.
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.
Contents
Abbreviations
â1âIntroduction
â2âInterpretation of Customary International Law: Barred Due to Its Nature, or a Valid Method of Content-Determination?
â3âThe Interpretability and Interpretation of Customary International Law in International Case-Law
â4âThe Interpretability and Interpretation of Customary International Law in Domestic Case-Law
â5âBoundless or Bounded Interpretation?: the Conundrum of In/correct Interpretations
â6âPrecautions/Limits of Interpretation
â7âJus Cogens Norms as a Limit in the Interpretation of Customary International Law
â8âRevision as a Limit in the Interpretation of Customary International Law
â9âMisinterpretation: the Rules of Interpretation as a Limit in the Interpretation of Customary International Law
â10âConclusion
Annex: 2023 TRICI-Law Draft Guiding Principles on the Interpretation of Rules of Customary International Law
Bibliography
Abbreviations
â1âIntroduction
â2âInterpretation of Customary International Law: Barred Due to Its Nature, or a Valid Method of Content-Determination?
â3âThe Interpretability and Interpretation of Customary International Law in International Case-Law
â4âThe Interpretability and Interpretation of Customary International Law in Domestic Case-Law
â5âBoundless or Bounded Interpretation?: the Conundrum of In/correct Interpretations
â6âPrecautions/Limits of Interpretation
â7âJus Cogens Norms as a Limit in the Interpretation of Customary International Law
â8âRevision as a Limit in the Interpretation of Customary International Law
â9âMisinterpretation: the Rules of Interpretation as a Limit in the Interpretation of Customary International Law
â10âConclusion
Annex: 2023 TRICI-Law Draft Guiding Principles on the Interpretation of Rules of Customary International Law
Bibliography
Academics, practitioners, judges, policy-makers, academic institutes, libraries, students (both undergraduate and post-graduate).