Matters of Interpretation: How to Conceptualize and Evaluate Change of Norms and Values in the International Legal Order

KFG Working Paper Series, No. 24, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”

22 Pages Posted: 6 Dec 2018

See all articles by Thomas Kleinlein

Thomas Kleinlein

Friedrich-Schiller-University Jena; Goethe University Frankfurt - Cluster of Excellence Normative Orders

Date Written: November 2018

Abstract

This article analyses, from a methodological and theoretical perspective, how international legal method deals with change. Section 2 sets the stage, develops a legal perspective on change of norms and values in the international legal order and distinguishes between structural change and norm change. This is followed in sections 3 and 4 by an examination of doctrinal categories that provide techniques to process change in international legal practice. International legal method is equipped with several techniques to process—and to conceptualize and evaluate—change: ‘Formal’ norm change is a matter of the doctrine of sources. International law can also change ‘informally’ through the shifting meaning of norm texts. Both formal and informal change is a matter of interpretation. Therefore, section 5 aims at theorizing interpretive change. It examines the relationship between the sources of law and legal interpretation as categories of change and analyses theoretical perceptions of interpretive change.

Suggested Citation

Kleinlein, Thomas, Matters of Interpretation: How to Conceptualize and Evaluate Change of Norms and Values in the International Legal Order (November 2018). KFG Working Paper Series, No. 24, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”. Available at SSRN: https://ssrn.com/abstract=3292051 or http://dx.doi.org/10.2139/ssrn.3292051

Thomas Kleinlein (Contact Author)

Friedrich-Schiller-University Jena ( email )

Faculty of Law
Carl-Zeiss-Straße 3
Jena, Thuringia 07743
Germany

HOME PAGE: http://www.rewi.uni-jena.de/Kleinlein

Goethe University Frankfurt - Cluster of Excellence Normative Orders ( email )

Frankfurt am Main
Germany

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