Is interpretation in international law a game?

Open Access
Authors
Publication date 2015
Host editors
  • A. Bianchi
  • D. Peat
  • M. Windsor
Book title Interpretation in international law
ISBN
  • 9780198725749
Pages (from-to) 352-370
Publisher Oxford: Oxford University Press
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
The present chapter combines the ubiquitous metaphor of the language of international law with the analogy between interpretation and the playing of games. It argues that interpretation might not be well understood in analogy to games, not if the game is anything like the typical example of chess. In law, as in language, we make the rules as we go along. If that is so, how then can we still see interpretation as an ordered activity? A first answer fleshes out a view of interpretation as a creative practice in which actors struggle for the law. A second, more radical, alternative demonstrates how and why it might make sense to argue that there is no language to play with. Interpretation then aims at a better understanding of the speaker, not of any language of international law.
Document type Chapter
Language English
Published at https://doi.org/10.1093/acprof:oso/9780198725749.003.0017
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