Grounds for the Application of International Rules of Interpretation in National Courts

INTERPRETATION OF INTERNATIONAL LAW BY DOMESTIC COURTS, Helmut Philip Aust and Georg Nolte, eds, Oxford University Press, Forthcoming

Amsterdam Law School Research Paper No. 2014-52

Amsterdam Center for International Law No. 2014-29

18 Pages Posted: 28 Sep 2014

See all articles by Andre Nollkaemper

Andre Nollkaemper

University of Amsterdam - Amsterdam Center for International Law

Date Written: September 26, 2014

Abstract

Interpretative practices between legal systems and domestic courts vary widely. This inevitably will affect the interpretation of rules of international law by domestic courts. The question is whether there are good grounds for national courts to limit divergence of interpretations, by relying on international principles of interpretation. This paper explores three possible grounds on the basis of which domestic courts can resort to an application of international rules of interpretation: the effective performance of treaty obligations, the international quality of domesticated norms, and the external authority of decisions of domestic courts. The paper argues that, depending on the context, each of these grounds may offer a justification for relying on international rules of interpretation, but that competing considerations may pull in diverging directions, and that the international rules of treaty interpretation do not necessarily preclude this.

Keywords: International law, Law of treaties, Interpretation, National courts, Fragmentation

JEL Classification: K33

Suggested Citation

Nollkaemper, Andre, Grounds for the Application of International Rules of Interpretation in National Courts (September 26, 2014). INTERPRETATION OF INTERNATIONAL LAW BY DOMESTIC COURTS, Helmut Philip Aust and Georg Nolte, eds, Oxford University Press, Forthcoming ; Amsterdam Law School Research Paper No. 2014-52; Amsterdam Center for International Law No. 2014-29. Available at SSRN: https://ssrn.com/abstract=2501962

Andre Nollkaemper (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/p.a.nollkaemper/

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