Editor(s): Georges Abi-Saab, Kenneth Keith, Gabrielle Marceau, Clément Marquet
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner.
This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
1. About the Book
Gabrielle Marceau and Clément Marquet
2. Introduction: A Meta-Question
EVOLUTIONARY INTERPRETATION IN INTERNATIONAL LAW GENERALLY
3. Evolutionary Interpretation in International Law: Some Short and Less than Trail-Blazing Reflections
4. An Interpreter’s Guide to Static and Evolutive Interpretations: Solving Intertemporal Problems According to the VCLT
5. Time Present and Time Past: The Intention of the Parties and the Evolutionary Interpretation of Treaties
6. Using Intertemporal Linguistics to Resolve the Problem at the Origin and Core of the Evolutionary Interpretation Debate
7. Evolutionary Interpretation: The Relevance of Context
EVOLUTIONARY INTERPRETATION IN ATYPICAL INSTITUTIONAL SETTINGS
8. Evolutionary Interpretation of International Law in National Courts
9. The Interpretive Work of Treaty Bodies: How They Look at Evolutionary Interpretation, and How Other Courts Look at Them
10. Evolutionary Interpretation of Unilateral Acts of States and International Organisations
EVOLUTIONARY INTERPRETATION IN HUMAN RIGHTS AND ENVIRONMENT LAW
11. The Strength of Evolutionary Interpretation in International Human Rights Law
12. The Strasbourg Approach to Evolutionary Interpretation
13. Environmental Protection as an Object of and Tool for Evolutionary Interpretation
Nina Mileva and Marina Fortuna
14. The European Court of Human Rights and the Right to a Clean Environment: Evolutionary or Illusory Interpretation?
15. By Men, not Gods: The (Hidden) Evolutionary Interpretation of International Criminal Law in Light of Extrinsic Sources
EVOLUTIONARY INTERPRETATION IN WTO LAW
A. Systemic Approaches to Evolutionary Interpretation
16. Understanding the Choice for Evolutionary Interpretation
Isabelle Van Damme
17. The Illusion of ‘Evolutionary Interpretation’ in WTO Dispute Settlement
18. Prospective Linguistics and Trade: The Art of the Deal
B. Evolutionary Interpretation in Practice
19. The Evolutionary Treaty Interpretation by the WTO Appellate Body
Sondre Torp Helmersen
20. Is there Evolution in the Evolutionary Interpretation of WTO Law?
Peter Van den Bossche
21. Evolutionary Interpretation and the Appellate Body’s Existential Crisis
Mariana Clara de Andrade
22. Energy Trade in the WTO, Yesterday, Today and Tomorrow: The Role of Evolutionary Interpretation
EVOLUTIONARY INTERPRETATION IN ISDS LAW
23. Evolutionary Interpretation in Investment Arbitration: About a Judicial Taboo
Makane Moïse Mbengue and Aikaterini Florou
24. The Role of State Party Pleadings in the Evolutionary Interpretation of International Investment Agreements
25. Investment Treaty Signatories’ Joint Interpretation and the Case of the NAFTA Free Trade Commission: Evolutionary Interpretation or Modification?
Jennifer Radford, Gregory Tereposky and Kun Hui
26. History as Interpretative Context in the Evolutionary Interpretation of FET in International Investment Law 7
Charalampos Giannakopoulos and Malvika Monga
EVOLUTIONARY INTERPRETATION IN EU LAW
27. Articulating Evolutionary Interpretation and the Rule of Law: The EU as a Composite Legal Order Based on Relative Rules of Law
28. Multilingualism and the Dynamic Interpretation of European Union Law
Georges Abi-Saab is Honorary Professor at the Graduate Institute, Geneva, and former Chairman of the Appellate Body, World Trade Organization.
Kenneth Keith Professor Emeritus at the Victoria University of Wellington, New Zealand, where he taught for more than 20 years, and a member of the Institut de Droit International.
Gabrielle Marceau, Ph.D., is Senior Counsellor in the Legal Affairs Division of the WTO Secretariat. She joined the GATT Secretariat in September 1994. Her main function is to advise panellists in WTO disputes, the Director-General’s… More Info
Clément Marquet is Research and Teaching Assistant at the Law Faculty, University of Geneva.