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Comparative Reasoning in International Courts and Tribunals

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Part of Cambridge Studies in International and Comparative Law

  • Date Published: June 2019
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108246446

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About the Authors
  • 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.

    • Presents a novel examination of the use of domestic law in the interpretation of international law
    • Adopts a comparative analysis of the practice of five international courts and tribunals which will be of interest to academics specialising in distinct sub-fields of international law
    • Blends doctrinal and theoretical approaches and links interpretative practice to broader theoretical questions
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    Reviews & endorsements

    ‘Dr Peat has offered fresh insights into two under-studied topics - the place of domestic law in treaty interpretation and the comparative jurisprudence of international courts and tribunals. By calling attention to commonalities and distinctions among the approaches of various courts and identifying judicial practices that may not fit neatly into orthodox narratives, the volume promises to be valuable to scholars, practitioners and jurists alike.’ Joan Donoghue, Judge of the International Court of Justice, Netherlands

    ‘A very clear and revealing account of the use of domestic law by international courts and tribunals when interpreting international instruments and international law. This sheds helpful light on important matters of current legal interest.’ Richard Gardiner, University College London

    ‘Tribute must be paid to Daniel Peat for his masterful dissertation, offering a brilliant analysis of the complex issue of the interaction between domestic and international law in international dispute settlement. It explores the profound implications of this normative interaction, shifting the perspective to the comparative reasoning of international adjudicators. The analysis of different jurisdictional settings, the diachronic approach and the sharp reading of the case law make this book a fascinating piece of scholarship.’ Hélène Ruiz Fabri, Director, Max Planck Institute Luxembourg for Procedural Law

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    Product details

    • Date Published: June 2019
    • format: Adobe eBook Reader
    • isbn: 9781108246446
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    1. The limits of the Vienna Convention
    2. Domestic law in the jurisprudence of the International Court of Justice
    3. The interpretation of schedules of commitments in the WTO
    4. International investment law and the public law analogy
    5. Consensus doctrine in the European Court of Human Rights
    6. Domestic law and system building in the ICTY

  • Author

    Daniel Peat, Universiteit Leiden
    Daniel Peat is an Assistant Professor in Public International Law at the Grotius Centre for International Legal Studies at Universiteit Leiden. Before joining Universiteit Leiden, he worked at the International Court of Justice as an Associate Legal Officer for President Abdulqawi A. Yusuf. Daniel was awarded a Ph.D. in Law from the University of Cambridge, where he was a member of Gonville and Caius College and a recipient of the WM Tapp Studentship. He is a graduate of The Graduate Institute, Geneva, and the London School of Economics and Political Science, where he was awarded the Lauterpacht/Higgins Prize for Public International Law. Daniel co-edited Interpretation in International Law (2015) and acts as Rapporteur for the International Law Association Study Group on the Content and Evolution of the Rules of Interpretation.

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