Comparative Reasoning in International Courts and Tribunals (Cambridge Studies in International and Comparative Law, Series Number 145)

"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."-- Back cover Cover......Page 1 Title......Page 2 Title - Series......Page 3 Title - Full......Page 4 Copyright......Page 5 Contents......Page 6 Foreword......Page 10 Preface......Page 12 Table of Cases......Page 14 Table of Treaties......Page 24 Abbreviations......Page 25 1 - Introduction......Page 28 2 - The Limits of the Vienna Convention......Page 42 3 - Domestic Law in the Jurisprudence of the International Court of Justice......Page 76 4 - The Interpretation of Schedules of Commitments in the WTO......Page 110 5 - International Investment Law and the Public Law Analogy......Page 134 6 - Consensus Doctrine in the European Court of Human Rights......Page 167 7 - Domestic Law and System Building in the ICTY......Page 205 8 - Conclusion......Page 241 Bibliography......Page 249 Index......Page 276 Cambridge Studies in International and Comparative Law - Series page......Page 286 By adopting a comparative analysis of the practice of five international courts and tribunals, this book systematically describes and analyses the use of domestic law to interpret international law. The findings of the book, which blends doctrinal and theoretical approaches, will be of interest to practitioners and academic researchers alike.