Overview
There are frequent claims that the regulation of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the desired stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary pre-requisite for international law to be viewed as law. This study examines this problem for the first time since these questions were introduced and identified as the basic premises of the international legal analysis, in the works of JL Brierly and Sir Hersch Lauterpacht. Addressing different aspects of the effectiveness of legal regulation, this monograph examines the structural limits on, and threshold of, legal regulation, and the relationship between established legal regulation and non-law. Once the limits of legal regulation are ascertained, the analysis proceeds to examine the legal framework of interpretation that serves to maintain and preserve the object and aims of existing legal regulation. The final stage of analysis is the interpretation of those treaty provisions that embody the indeterminate conditions of non-law. Given that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, this study examines the material accumulated in doctrine and practice for the past several decades, including the relevant jurisprudence of all major international tribunals.
Full Product Details
Author: Alexander Orakhelashvili (Shaw Foundation Junior Research Fellow, Jesus College, Oxford)
Publisher: Oxford University Press
Imprint: Oxford University Press
Dimensions:
Width: 16.40cm
, Height: 4.00cm
, Length: 24.00cm
Weight: 1.053kg
ISBN: 9780199546220
ISBN 10: 0199546223
Pages: 624
Publication Date: 26 June 2008
Audience:
College/higher education
,
Professional and scholarly
,
Undergraduate
,
Postgraduate, Research & Scholarly
Format: Hardback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Reviews
<br>UNEDITED UK REVIEW: Dr Orakhelashvili aims to provide the ultimate antidote to claims that interpretive indeterminacy renders many international legal texts marginal in the quest to determine the applicable law. This encyclopedic study of the rules, principles and other elements of interpretation constitutes an invaluable and unique guide and reference work for all those working with international law at any level. It is all the more important as a result of the recent proliferation of international actors engaging in acts of interpretation and of the fact that no comparably exhaustive study of this type has been undertaken for decades. --Philip Alston, John Norton Pomeroy Professor of International Law, New York University School of Law<br>UNEDITED UK REVIEW: This thoughtful monograph takes head on some of the most important issues facing international law today. Dr Orakhelashvili rigorously tackles questions of general concern to practitioners and scholars of international law
UNEDITED UK REVIEW: Dr Orakhelashvili aims to provide the ultimate antidote to claims that interpretive indeterminacy renders many international legal texts marginal in the quest to determine the applicable law. This encyclopedic study of the rules, principles and other elements of interpretation constitutes an invaluable and unique guide and reference work for all those working with international law at any level. It is all the more important as a result of the recent proliferation of international actors engaging in acts of interpretation and of the fact that no comparably exhaustive study of this type has been undertaken for decades. --Philip Alston, John Norton Pomeroy Professor of International Law, New York University School of LawUNEDITED UK REVIEW: This thoughtful monograph takes head on some of the most important issues facing international law today. Dr Orakhelashvili rigorously tackles questions of general concern to practitioners and scholars of international l
Author Information
Alexander Orakhelashvili (LLM Leiden, PhD Cantab.) is a Junior Research Fellow at Jesus College, Oxford. He has previously taught international law in the Universities of London and Cambridge. His research includes all areas of international law. He has previously published Peremptory Norms in International Law (OUP, Oxford Monographs in International Law, 2006), and the wide range of articles in the leading international law journals and yearbooks.
