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Sovereignty and Interpretation of International Norms
Fernández de Casadevante y Romani, Carlos.
In an International Community characterized by the weight of state sovereignty the interpretation of international norms (by states, International Organizations and judicial and arbitral bodies) is one of the key points of this legal order. State sovereignty conditions the creation and application of International Law as well as the settlement of disputes. That’s why the intervention of judicial and arbitral bodies acquire a great importance. This work contents a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction ant its exercise. So, conventional instruments and instruments of a statutory nature, customary norms, institutional norms of the United Nations, unilateral declarations, as well as procedural instruments, facts alleged and the exercise of the jurisdiction attributed to the International Court of Justice – in the way they have been interpreted by the Court – constitute the object of a work surely useful for persons involved in international practice, studies or teaching.
Interpretation of International Norms: Sovereignty, Power of Discretion, Delimitation of the Discrepancy -- Sovereignty and Interpretation: A Relationship of Dependence -- The Text, the Authentic Expression of the Will of the Parties, Constitutes the Subject of the Discrepancy: The Conventional Rules -- The Institutionalisation of the International Community Gives a New Dimension to Law Making: The Institutional Norms -- Conduct, the Expression of the Will of the State, Constitutes the Subject of the Discrepancy: The Customary Norms -- Does the Declaration Express the Will of the State or Is It the Interpreter Who Builds It? The Unilateral Declarations -- Analysis of International Practice: The Interpretative Canons Employed by International Case Law -- The International Court of Justice (I.C.J.) -- Arbitral Tribunals -- Rules and Criteria Employed in Relation to the Interpretation of Certain Categories of Norms and International Instruments -- Conventional Instruments or Instruments of a Statutory Nature -- Customary Norms -- Institutional Norms of the United Nations -- Unilateral Declarations -- Procedural Instruments, Facts Alleged and Exercise of the Jurisdiction Attributed to the I.C.J. -- Conclusions.
by Carlos Fernández de Casadevante y Romani.
Sources and Subjects of International Law, International Organizations