Comparative Reasoning in International Courts and Tribunals (Paperback) (ISBN-13: 9781108401470)

Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.

Author: Daniel Peat
ISBN-10: 1108401473
ISBN-13: 9781108401470
Publisher: Cambridge University Press
Language: English
Published: 07/09/2020
Pages: 292
Format: Paperback
Weight: 0.87lbs
Size: 9.00h x 6.00w x 0.62d