Domestic Courts and the Interpretation of International Law

Abstract

Based on the author's dissertation, Faculty of Law, University of Fribourg, 2017. "This book's epigraph, written by Manley O. Hudson, dates back to 1947. Today, more than seven decades later, Hudson's optimistic remarks about Switzerland's expected compliance with international law leave us wondering how the practice of the Swiss authorities has evolved. Has Switzerland indeed been 'chart[ing] her course with meticulous regard for her obligations under international law"-- Part 1. What is interpretation -- The interpretation of international law by domestic courts : a topic that matters -- Terminology and conceptual apparatus -- Interpreting international law in context : domestic specificities -- Part 2. Why interpret? -- The legal effect of domestic rulings in international law -- Part 3. How to Interpret? -- The need for interpretative methods in international law -- The interpretative methods of international law : what are they, and why use them? -- Swiss courts and treaty interpretation -- Swiss courts and the interpretation of unwritten international law -- Conclusion and recommendations.