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12 - A Four-Letter Word

Published online by Cambridge University Press:  03 November 2022

Tommaso Soave
Affiliation:
Central European University, Budapest
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Summary

This chapter turns to the second step of interpretation, namely content-determination. This exercise can be narrated in two ways: first, by reference to the formal rules of interpretation set forth in the VCLT; second, in light of the assumptions, predispositions, and standards of acceptability shared by the judicial community. The juxtaposition of these accounts highlights the interplay between freedom and constraint in international treaty interpretation. What guides the gaze of the interpreter? Where are the boundaries of their discretion? On the one hand, VCLT rules are powerless before the ontological indeterminacy of legal norms, and have therefore little cash value when it comes to derive exact meaning. On the other hand, the patterned practices and background knowledge of the community impose powerful limitations on the interpreter’s discretion.

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The Everyday Makers of International Law
From Great Halls to Back Rooms
, pp. 224 - 244
Publisher: Cambridge University Press
Print publication year: 2022

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  • A Four-Letter Word
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.013
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  • A Four-Letter Word
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.013
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.

  • A Four-Letter Word
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.013
Available formats
×