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Domestic Courts and the Interpretation of International Law: Methods and Reasoning Based on the Swiss Example

Domestic Courts and the Interpretation of International Law: Methods and Reasoning Based on the Swiss Example

Hardcover

Series: Developments in International Law, Book 72

General LawInternational Relations

Currently unavailable to order

ISBN10: 9004409866
ISBN13: 9789004409866
Publisher: Brill Nijhoff
Published: Nov 21 2019
Pages: 404
Weight: 1.55
Height: 1.30 Width: 6.10 Depth: 9.30
Language: English
Winner of the Walther Hug Prize 2021. Read more.

In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.

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