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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry.Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play.Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
This book investigates the theoretical and practical dimensions of legal interpretation, challenging the traditional reliance on the Vienna Convention on the Law of Treaties. The authors, Andrea Bianchi, Daniel Peat, and Matthew Windsor, curate a collection of scholarly essays that move beyond rule-based legal analysis. By employing the metaphor of a game, the text argues that interpretation is a strategic, persuasive act that functions as an inescapable component of all international legal practice.
What You Will Find
Legal scholars and practitioners identify this work as a significant contribution to the theoretical study of international law. Readers frequently note the academic density of the prose and the utility of the game metaphor for understanding complex legal strategies.
Page Count:
432
Publication Date:
2018-07-03
Publisher:
Oxford University Press
ISBN-10:
0198828713
ISBN-13:
9780198828716