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Customary International Law and Its Interpretation by International Courts by Marina Fortuna

Customary International Law and Its Interpretation by International Courts

by Marina Fortuna , Kostia Gorobets , Panos Merkouris
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Book cover type: Hardcover
  • ISBN13: 9781009541329
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Cambridge University Press
  • Publisher Imprint: Cambridge University Press
  • Publication Date:
  • Pages: 408
  • Original Price: USD 140.0
  • Language: English
  • Edition: N/A
  • Item Weight: 713 grams
  • BISAC Subject(s): International

It is notorious that international courts and tribunals have greatly contributed to the development of customary international law (CIL) by, for instance, articulating the constituent elements of custom and clarifying the conditions required for its modification. This volume demonstrates that they have also been actively engaged in the interpretation of CIL. In elucidating CIL interpretation before and by international courts and tribunals, the volume chooses three focal points: theory, method and normative interactions. Viewing CIL and its interpretation from these vantage points leads to a more complete picture of the role and function of CIL interpretation in international courts. The volume encourages readers to question orthodox theories on CIL and its interpretation, to look anew at what has long been labelled mere identification of custom, and to take a systemic approach to CIL, which, even in the process of interpretation, remains unwaveringly connected to treaties and general principles of law.

Fortuna, Marina: - Marina Fortuna is an Assistant Professor at the University of Groningen and member of the TRICI-law project team. Her research focuses primarily on the practice of international courts, which she examines from the perspective of different topics from general international law.

Gorobets, Kostia: - Kostia Gorobets is Assistant Professor of International Law at the University of Groningen. He specialises in analytical jurisprudence and philosophy of international law, as well as in their interplay.

Merkouris, Panos: - Panos Merkouris is Professor of International Law at the University of Groningen. He is the Principal Investigator of the TRICI-Law project (ERC Grant Agreement No. 759728). Professor Merkouris has written extensively on law of treaties, sources and interpretation, most recently authoring Interpretation of Customary International Law: of Methods and Limits (2023).

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