The Rules of Interpretation of Customary International Law – serie

At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core.

Does a unified law of interpretation exist? Can it be applied to all legal rules, regardless of their source, interpreter, or subject matter? This volume offers a comprehensive exploration of how interpretation is practiced across the diverse landscape of international law. Drawing on contributions from leading scholars and practitioners, the book examines interpretation through the lenses of multiple actors, sources, and regimes, revealing three core themes. Unity emerges in shared interpretative methods, rooted in the Vienna Convention on the Law of Treaties and its customary counterparts. Diversity appears in the distinctive approaches found within specialised legal regimes. Evolution is seen in the growing range of materials considered during interpretation. Rich in comparative insights, this volume will be an essential reference for researchers, practitioners, and anyone interested in the dynamic processes that shape meaning in international law. This title is also available as open access on Cambridge Core.

Does a unified law of interpretation exist? Can it be applied to all legal rules, regardless of their source, interpreter, or subject matter? This volume offers a comprehensive exploration of how interpretation is practiced across the diverse landscape of international law. Drawing on contributions from leading scholars and practitioners, the book examines interpretation through the lenses of multiple actors, sources, and regimes, revealing three core themes. Unity emerges in shared interpretative methods, rooted in the Vienna Convention on the Law of Treaties and its customary counterparts. Diversity appears in the distinctive approaches found within specialised legal regimes. Evolution is seen in the growing range of materials considered during interpretation. Rich in comparative insights, this volume will be an essential reference for researchers, practitioners, and anyone interested in the dynamic processes that shape meaning in international law. This title is also available as open access on Cambridge Core.