Philip Alston, John Norton Pomeroy Professor of International Law, New York University School of Law Dr Orakhelashvili aims to provide the ultimate antidote to claims that interpretive indeterminacy renders many international legal texts marginal in the quest to determine the applicable law. This encyclopedic study of the rules, principles and other elements of interpretation constitutes an invaluable and unique guide and reference work for all those working with international law at any level. It is all the more important as a result of the recent proliferation of international actors engaging in acts of interpretation and of the fact that no comparably exhaustive study of this type has been undertaken for decades.
Judge Bruno Simma, International Court of Justice, The Hague This thoughtful monograph takes head on some of the most important issues facing international law today. Dr Orakhelashvili rigorously tackles questions of general concern to practitioners and scholars of international law alike in the areas of interpretation and application of international law, raising jurisprudential questions of importance to the continued development of the discipline.
Jorg Kammerhofer, University of Erlangen, EJIL 20 ...the book is solidly written...highly recommended for mainstream scholars, critical scholars and practitioners alike, for all three groups need reliable information on what is commonly accepted-what the orthodox view is on interpretation.
Alexander Orakhelashvili (LLM Leiden, PhD Cantab.) is a fellow at Jesus College, Oxford. He has previously taught international law in the Universities of London and Cambridge. His research includes all areas of international law. He has previously published Peremptory Norms in International Law (OUP, Oxford Monographs in International Law, 2006), and the wide range of articles in the leading international law journals and yearbooks.
INTRODUCTION; PART I - THE EFFECTIVENESS OF INTERNATIONAL LEGAL REGULATION; 1. Doctrinal Treatment of the Effectiveness of Legal Regulation; 2. Characteristics and Implications of the Effectiveness of Legal Regulation; PART II - THRESHOLD OF LEGAL REGULATION; 3. The Essence of the Threshold of Legal Regulation; 4. Customary Law and Inherent Rules; PART III - LAW AND NON-LAW IN THE INTERNATIONAL LEGAL SYSTEM; 5. Fact as Non-Law and the Limits on its Relevance; 6. Interest as Non-Law; 7. Values as Non-law; 8. Quasi-Normative Non-Law; PART IV - THE REGIME AND METHODS OF INTERPRETATION IN INTERNATIONAL LAW; 9. Conceptual Aspects of Interpretation; 10. Treaty Interpretation: Rules and Methods; 11. Treaty Interpretation: Effectiveness and Presumptions; 12. Interpretation of Jurisdictional Instruments; 13. Interpretation of Unilateral Acts and Statements; 14. Interpretation of Institutional Decisions; 15. Interpretation of Customary Rules; 16. The Agencies of Interpretation; PART V - TREATY INTERPRETATION AND INDETERMINATE PROVISIONS OF NON-LAW; 17. The Essence of and Response to the Indeterminacy of Treaty Provisions; 18. Equity and Equitable Considerations in Treaties; CONCLUSION