Domestic Courts and the Interpretation of International Law: Methods and Reasoning Based on the Swiss Example

Abstract

This book examines how domestic judges do and must interpret international law. The author analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, the author offers...theoretical reflection on this topic. Based on a detailed study of the judicial practice, the author shows how courts' interpretative method and reasoning can be further improved. The author also argues that interpretative methods must be taken more seriously in international law. While this book primarily uses the Swiss example to illustrate her claims, the basic tenets of...analysis apply to any domestic legal context.