Book contents
- Comparative Reasoning in International Courts and Tribunals
- Cambridge Studies in International and Comparative Law: 145
- Comparative Reasoning in International Courts and Tribunals
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The Limits of the Vienna Convention
- 3 Domestic Law in the Jurisprudence of the International Court of Justice
- 4 The Interpretation of Schedules of Commitments in the WTO
- 5 International Investment Law and the Public Law Analogy
- 6 Consensus Doctrine in the European Court of Human Rights
- 7 Domestic Law and System Building in the ICTY
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
1 - Introduction
Published online by Cambridge University Press: 24 May 2019
- Comparative Reasoning in International Courts and Tribunals
- Cambridge Studies in International and Comparative Law: 145
- Comparative Reasoning in International Courts and Tribunals
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The Limits of the Vienna Convention
- 3 Domestic Law in the Jurisprudence of the International Court of Justice
- 4 The Interpretation of Schedules of Commitments in the WTO
- 5 International Investment Law and the Public Law Analogy
- 6 Consensus Doctrine in the European Court of Human Rights
- 7 Domestic Law and System Building in the ICTY
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
The interaction between domestic law and international law is a topic of perennial interest for international lawyers. 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. Often, it is simply treated as mere fact, indicative of the legality of a state’s actions. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law has been thoroughly mapped, and 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. The present book aims to fill that gap in the literature.
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- Publisher: Cambridge University PressPrint publication year: 2019