
Contents
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2 Sources in the Scholastic Legacy: The (re)Construction of the Ius Gentium in the Second Scholastic
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I. Introduction I. Introduction
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II. Existential Interpretations of International Law’s Sources II. Existential Interpretations of International Law’s Sources
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III. The Range of Interdependence between Sources and Interpretation III. The Range of Interdependence between Sources and Interpretation
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1. Doctrinal Interdependence 1. Doctrinal Interdependence
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a. Constructing International Legal Interpretation from the Sources of International Law a. Constructing International Legal Interpretation from the Sources of International Law
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b. Constructing Sources Doctrine from International Legal Interpretation b. Constructing Sources Doctrine from International Legal Interpretation
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2. The Impact of Sources Theory on Interpretation and Interpretative Theory on Sources 2. The Impact of Sources Theory on Interpretation and Interpretative Theory on Sources
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3. The Interdependence of Authorities 3. The Interdependence of Authorities
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IV. Conclusions: Caveats and Consequences in Engaging Interdependence IV. Conclusions: Caveats and Consequences in Engaging Interdependence
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Research Questions Research Questions
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Selected Bibliography Selected Bibliography
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20 Sources in Interpretation Theories: An Interdependent Relationship
Get accessDuncan B. Hollis is a Professor of Law at Temple University Law School and a nonresident scholar at the Carnegie Endowment for International Peace. Professor Hollis’s scholarship focuses on treaties, interpretation, and cyberspace. He is editor of the OXFORD GUIDE TO TREATIES (2012), which was awarded the 2013 ASIL Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers, as well as NATIONAL TREATY LAW AND PRACTICE (2005), which offered a comparative perspective on how nineteen nation states engage with treaties in their domestic systems. Professor Hollis’s articles have covered a range of subjects implicating U.S. foreign relations law as well as others that examined the role of interpretation in international law and the challenges of regulating global cybersecurity. Professor Hollis is an elected member of the American Law Institute, where he served as an adviser on its project to draft a RESTATEMENT (FOURTH) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES. He is also an elected member of the Organization of American States’ Inter-American Juridical Committee and currently serves as its Rapporteur for Binding and Non-Binding Agreements.
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Published:05 February 2018
Cite
Abstract
This chapter examines the relationship between international law’s sources and its theories of interpretation. Challenging assumptions that the two concepts are, at best, casual acquaintances, this chapter reveals and explores a much deeper, interdependent relationship. Sources set the nature and scope of international legal interpretation by delineating its appropriate objects. Interpretation, meanwhile, operates existentially to identify what constitutes the sources of international law in the first place. The two concepts thus appear mutually constitutive across a range of doctrines, theories, and authorities. Understanding these ties may offer a more nuanced image of the current international legal order. At the same time, they highlight future instrumental opportunities where efforts to change one concept might become possible via changes to the other. This chapter concludes with calls for further research on whether and how such changes might occur and asks if international lawyers should embrace (or resist) such a mutually constitutive relationship.
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