Comparative Reasoning in International Courts and Tribunals

ISBN-13: 9781108401470 / Angielski / Miękka / 2020 / 292 str.

Daniel Peat

Opis

This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

Recenzje

'Peat seeks to explore “how and why domestic law is used by international courts and tribunals to interpret international law” by examining how adjudicators have engaged with “domestic legislation and regulations, and the judgments of domestic courts” when constructing and applying international legal materials.' The Law and Practice of International Courts and Tribunals

Spis treści

Introduction; 1. The limits of the Vienna Convention; 2. Domestic law in the jurisprudence of the International Court of Justice; 3. The interpretation of schedules of commitments in the WTO; 4. International investment law and the public law analogy; 5. Consensus doctrine in the European Court of Human Rights; 6. Domestic law and system building in the ICTY; Conclusion.