Comparative
International Law
A study of the similarities and differences in the way that international law is interpreted and applied nationally, as part of a broader set of “comparative international law” studies.
Anthea Roberts, Paul Stephan, Pierre-Hugues Verdier & Mila Versteeg (eds)
Oxford University Press, 2018
“This well-structured volume assembles an impressive roster of contributions to the intriguing new field of comparative international law.”
– Judge Joan Donoghue, International Court of Justice
Description
By definition, international law, once agreed upon and consented to, applies to all statesequally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all states are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and affect the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call “comparative international law.”
Review highlights
“By naming and framing this phenomenon clearly, the authors provide an important analytical tool to better understand the diverse viewpoints that separate different actors’ understandings and interpretations of international law…. Overall, this is a noteworthy and valuable volume. It makes a significant case as to the important learning available from the understanding of how and why nations’ approaches to international law are different.”
– Chiara Giorgetti, American Journal of International Law
“This volume is indispensable to anyone interested in studying why approaches to international law often vary around the world.”
– Curtis A. Bradley, William Van Alstyne Professor, Duke Law School
“To meet the challenge of a universally recognized rule of law, one needs to understand how and why nations and regions approach international law in different ways. This refreshing collection of essays on comparative international law examines what is vaguely perceived to be true but not acknowledged: that there are major variations in state practice when giving effect to international obligations.”
– Gillian Triggs, Emeritus Professor, Sydney Law School, and former President, Australian Human Rights Commission
“This wide-ranging volume firmly establishes comparative international law as a rich field of study... A refreshing and sophisticated response to theories that advocate hierarchy in the name of an international rule of law.”
– Eyal Benvenisti, Whewell Professor of International Law, University of Cambridge
“This publication is an important step in the development of comparative international law and it is likely to be highly influential in both the study and the practice of the law.”
– Lord Lloyd Jones, Supreme Court of the United Kingdom
“The book ... is produced to the excellent and attractive standard of OUP at, these days, a favorable price.”
– William E. Butler, Journal of Comparative Law
