Philip Liste. Völkerrecht-Sprechen: Die Konstruktion demokratischer Völkerrechtspolitik in den USA und der Bundesrepublik Deutschland [Speaking International Law: The Construction of Democratic Politics of International Law in the US and the Federal Republic of Germany]. Baden- Baden: Nomos, 2012. Pp. 304. �46. ISBN 9783832966225. -- Ingo Venzke. How Interpretation Makes International Law. On Semantic Change and Normative Twists. Oxford: Oxford University Press, 2012. Pp. 352. £70. ISBN: 9780199657674.

• Autores: Jan Klabbers
• Localización: European journal of international law = Journal europeen de droit international, ISSN 0938-5428, Vol. 24, Nº 2, 2013, págs. 718-722
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • Once upon a time, quite a long time actually, international lawyers were not terribly interested in the linguistic aspects of their craft. Treaties, obviously, would depend on language, and sometimes the two or more languages would be designated as equally authentic, but, even so, international lawyers trusted that their professional skills would enable them to solve linguistic issues without too many problems. Occasionally scholars would write something on the interpretation of treaties, typically in the form of fairly brief articles and often inspired by a particular episode or incident, but there was fairly little attention to doctrines of interpretation in the abstract, and little enthusiasm for establishing firm legal rules to structure the process of interpretation. Grotius and Vattel both formulated a handful of guidelines, but no hard and fast rules (despite the occasional use of the term "rules") emerged. And many would agree that the guidelines or maxims identified served mainly as justifications ex post facto, having arrived at a preferred interpretation through more intuitive means.