Practice Theory and Change in International Law: Theorizing the Development of Legal Meaning Through the Interpretive Practices of International Criminal Courts

36 Pages Posted: 10 Oct 2019

See all articles by Nora Stappert

Nora Stappert

University of Copenhagen - MOBILE - Center of Excellence for Global Mobility Law

Date Written: September 30, 2019

Abstract

The question of change has emerged as one of the main conceptual and empirical challenges for IR’s practice turn. In the context of international law, such a challenge is brought into particularly stark relief due to the significant development of legal meaning through more informal, interpretive avenues, including through the judgments of international courts. This article develops a framework for theorizing how interpretive legal practices generate normative content change in international law. Specifically, it uses the example of the development of international criminal law through the decisions of international criminal courts to analyze how legal interpretation can lead to normative change in practice. Drawing on interviews conducted with judges and legal officers at the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra Leone (SCSL), I analyze how a community of legal practice centered around these courts was able to construct and alter legal meaning in international criminal law, and how such a potential for change was curbed by understandings of the interpretive process and the role of international courts dominant among international lawyers.

Keywords: International Practices, Practice Theory, International Relations Theory, International Law, Change, International Criminal Courts, Legal Interpretation

Suggested Citation

Stappert, Nora, Practice Theory and Change in International Law: Theorizing the Development of Legal Meaning Through the Interpretive Practices of International Criminal Courts (September 30, 2019). Available at SSRN: https://ssrn.com/abstract=3461592 or http://dx.doi.org/10.2139/ssrn.3461592

Nora Stappert (Contact Author)

University of Copenhagen - MOBILE - Center of Excellence for Global Mobility Law ( email )

Karen Blixens Plads 16
Copenhagen, 2300
Denmark

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