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How Interpretation Makes International Law Ingo Venzke (Research Fellow and Lecturer, Research Fellow and Lecturer, Amsterdam Center for International Law, University of Amsterdam)

How Interpretation Makes International Law By Ingo Venzke (Research Fellow and Lecturer, Research Fellow and Lecturer, Amsterdam Center for International Law, University of Amsterdam)

Summary

An account of how the practice of interpretation makes international law, drawing specific attention to the increasing authority of international courts and institutions, this book analyses the role that the language plays in shaping international law. It addresses the key issue of how it contributes to the evolution of international norms.

How Interpretation Makes International Law Summary

How Interpretation Makes International Law: On Semantic Change and Normative Twists by Ingo Venzke (Research Fellow and Lecturer, Research Fellow and Lecturer, Amsterdam Center for International Law, University of Amsterdam)

Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Interpretation can shift the meaning of texts and, in its own way, make law. In the practice of interpretation actors debate the meaning of the written and customary laws, and so contribute to the making of new law. In such cases it is the actor's semantic authority that is key - the capacity for their interpretation to be accepted and become established as new reference points for legal discourse. The book identifies the practice of interpretation as a significant space for international lawmaking, using the key examples of the UN High Commissioner for Refugees and the Appellate Body of the WTO to show how international institutions are able to shape and develop their constituent instruments by adding layers of interpretation, and moving the terms of discourse. The book applies developments in linguistics to the practice of international legal interpretation, building on semantic pragmatism to overcome traditional explanations of lawmaking and to offer a fresh account of how the practice of interpretation makes international law. It discusses the normative implications that arise from viewing interpretation in this light, and the implications that the importance of semantic changes has for understanding the development of international law. The book tests the potential of international law and its doctrine to respond to semantic change, and ultimately ponders how semantic authority can be justified democratically in a normative pluriverse.

How Interpretation Makes International Law Reviews

Ingo Venzke's insightful work on the changing of international norms by way of interpretation comes at an opportune moment ... Its main achievement lies in its critical approach to exposing where authority and power really lie. * Irin Buga, British Yearbook of International Law *
Venzke's book is a highly rewarding read because it provides a subtle account of how contemporary practices of interpretation make international law ... There is a lot in this book to interest the theoretically-inclined reader, but it deliberately remains accessible to a wide international law audience. * Joshua Paine, Australian Year Book of International Law *

About Ingo Venzke (Research Fellow and Lecturer, Research Fellow and Lecturer, Amsterdam Center for International Law, University of Amsterdam)

Ingo Venzke is a Research Fellow and Lecturer at the Amsterdam Center for International Law, University of Amsterdam. He completed his doctorate in law at the University of Frankfurt while working at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg where he co-directed a research project on the exercise of public authority by international courts. Ingo was a Hauser Research Scholar at New York University and a Visiting Scholar at the Cegla Center for the Interdisciplinary Research of the Law, Tel Aviv University. He received his LL.M. from the University of London and his B.A. in International Relations from the University of Dresden.

Table of Contents

1. In the Beginning was the Deed ; 2. The Practice of Interpretation: A Theoretical Perspective ; 3. UNHCR and the Making of Refugee Law ; 4. Adjudication in the GATT/WTO: Making General Exceptions in Trade Law ; 5. Creative Interpretations: Normative Twists ; 6. Epilogue: In the End there is Eternity

Additional information

NLS9780198712978
9780198712978
0198712979
How Interpretation Makes International Law: On Semantic Change and Normative Twists by Ingo Venzke (Research Fellow and Lecturer, Research Fellow and Lecturer, Amsterdam Center for International Law, University of Amsterdam)
New
Paperback
Oxford University Press
2014-04-03
344
N/A
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