Lekkas, S.I. orcid.org/0000-0003-1744-9958, Merkouris, P. and Peat, D. (2023) The interpretative practice of the International Court of Justice. Max Planck Yearbook of United Nations Law, 26 (1). pp. 316-357. ISSN 1389-4633
Abstract
This article provides an overview of the interpretative practice of the International Court of Justice on the occasion of its 75th anniversary. Whilst the jurisprudence of the nascent icj played an important role in the formulation of Articles 31 to 33 of the Vienna Convention on the Law of Treaties, we explore the extent to which the Court has followed the rubric of those articles over its existence, how the Court has understood the interpretative elements contained therein, and whether it has privileged certain elements over others. We argue that the Court has shown flexibility and context-specificity in its practice, both in terms of the interpretative approach adopted as well as the materials used.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2023 SOTIRIOS-IOANNIS Lekkas et al. This is an Open Access article distributed under the terms of the Creative Commons Attribution Licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. |
Keywords: | International Court of Justice; treaty interpretation; Article 31; Article 33; Vienna; Convention on the Law of Treaties |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 12 Feb 2024 17:04 |
Last Modified: | 12 Feb 2024 17:04 |
Status: | Published |
Publisher: | Brill Academic Publishers |
Refereed: | Yes |
Identification Number: | 10.1163/18757413_02601015 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:209109 |