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The Interpretation of Acts and Rules in Public International Law Alexander Orakhelashvili (Shaw Foundation Junior Research Fellow, Jesus College, Oxford)

The Interpretation of Acts and Rules in Public International Law By Alexander Orakhelashvili (Shaw Foundation Junior Research Fellow, Jesus College, Oxford)

The Interpretation of Acts and Rules in Public International Law by Alexander Orakhelashvili (Shaw Foundation Junior Research Fellow, Jesus College, Oxford)


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Summary

This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.

The Interpretation of Acts and Rules in Public International Law Summary

The Interpretation of Acts and Rules in Public International Law by Alexander Orakhelashvili (Shaw Foundation Junior Research Fellow, Jesus College, Oxford)

There are frequent claims that the regulation of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the desired stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary pre-requisite for international law to be viewed as law. This study examines this problem for the first time since these questions were introduced and identified as the basic premises of the international legal analysis, in the works of JL Brierly and Sir Hersch Lauterpacht. Addressing different aspects of the effectiveness of legal regulation, this monograph examines the structural limits on, and threshold of, legal regulation, and the relationship between established legal regulation and non-law. Once the limits of legal regulation are ascertained, the analysis proceeds to examine the legal framework of interpretation that serves to maintain and preserve the object and aims of existing legal regulation. The final stage of analysis is the interpretation of those treaty provisions that embody the indeterminate conditions of non-law. Given that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, this study examines the material accumulated in doctrine and practice for the past several decades, including the relevant jurisprudence of all major international tribunals.

The Interpretation of Acts and Rules in Public International Law Reviews

Dr Orakhelashvili aims to provide the ultimate antidote to claims that interpretive indeterminacy renders many international legal texts marginal in the quest to determine the applicable law. This encyclopedic study of the rules, principles and other elements of interpretation constitutes an invaluable and unique guide and reference work for all those working with international law at any level. It is all the more important as a result of the recent proliferation of international actors engaging in acts of interpretation and of the fact that no comparably exhaustive study of this type has been undertaken for decades. * Philip Alston, John Norton Pomeroy Professor of International Law, New York University School of Law *
This thoughtful monograph takes head on some of the most important issues facing international law today. Dr Orakhelashvili rigorously tackles questions of general concern to practitioners and scholars of international law alike in the areas of interpretation and application of international law, raising jurisprudential questions of importance to the continued development of the discipline. * Judge Bruno Simma, International Court of Justice, The Hague *
...the book is solidly written...highly recommended for mainstream scholars, critical scholars and practitioners alike, for all three groups need reliable information on what is commonly accepted-what the orthodox view is on interpretation. * Jorg Kammerhofer, University of Erlangen, EJIL 20 *

About Alexander Orakhelashvili (Shaw Foundation Junior Research Fellow, Jesus College, Oxford)

Alexander Orakhelashvili (LLM Leiden, PhD Cantab.) is a Junior Research Fellow at Jesus College, Oxford. He has previously taught international law in the Universities of London and Cambridge. His research includes all areas of international law. He has previously published Peremptory Norms in International Law (OUP, Oxford Monographs in International Law, 2006), and the wide range of articles in the leading international law journals and yearbooks.

Table of Contents

INTRODUCTION; PART I - THE EFFECTIVENESS OF INTERNATIONAL LEGAL REGULATION; PART II - THRESHOLD OF LEGAL REGULATION; PART III - LAW AND NON-LAW IN THE INTERNATIONAL LEGAL SYSTEM; PART IV - THE REGIME AND METHODS OF INTERPRETATION IN INTERNATIONAL LAW; PART V - TREATY INTERPRETATION AND INDETERMINATE PROVISIONS OF NON-LAW; CONCLUSION

Additional information

NPB9780199546220
9780199546220
0199546223
The Interpretation of Acts and Rules in Public International Law by Alexander Orakhelashvili (Shaw Foundation Junior Research Fellow, Jesus College, Oxford)
New
Hardback
Oxford University Press
2008-06-26
624
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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