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11 - The Explorer

Published online by Cambridge University Press:  03 November 2022

Tommaso Soave
Affiliation:
Central European University, Budapest
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Summary

The story finally gets to the interpretation and application of legal norms to the facts of the case. This chapter deals with the first interpretive step, called law-ascertainment, where the interpreter identifies the rules that are relevant to the case at hand. Donning the hat of an explorer, the interpreter maps the body of norms precedents in concentric circles – starting with the sources closest to the centre of gravity of their judicial regime and gradually venturing into more peripheral territory. The results of these practices explains the degree of cohesion or fragmentation in international law. As the legal system grows more complex, interpreters no longer have time and resources to master it all, and prove increasingly partial and selective in their legal readings. The emergence of self-contained regimes is largely due to epistemic constraints which, in turn, reflect the social structures of the international judicial community.

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The Everyday Makers of International Law
From Great Halls to Back Rooms
, pp. 201 - 223
Publisher: Cambridge University Press
Print publication year: 2022

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  • The Explorer
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.012
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The Explorer
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.012
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Explorer
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.012
Available formats
×