Author : Daniel Peat
Release : 2020-07-09
Genre : Law
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Book Rating : 470/5 ( reviews)

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Comparative Reasoning in International Courts and Tribunals - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparative Reasoning in International Courts and Tribunals write by Daniel Peat. This book was released on 2020-07-09. Comparative Reasoning in International Courts and Tribunals available in PDF, EPUB and Kindle. 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. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law 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. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.