This article analyses, from a methodological and theoretical perspective, how international legal method deals with change. Section 2 sets the stage, develops a legal perspective on change of norms and values in the international legal order and distinguishes between structural change and norm change. This is followed in sections 3 and 4 by an examination of doctrinal categories that provide techniques to process change in international legal practice. International legal method is equipped with several techniques to process—and to conceptualize and evaluate—change: ‘Formal’ norm change is a matter of the doctrine of sources. International law can also change ‘informally’ through the shifting meaning of norm texts. Both formal and informal change is a matter of interpretation. Therefore, section 5 aims at theorizing interpretive change. It examines the relationship between the sources of law and legal interpretation as categories of change and analyses theoretical perceptions of interpretive change.
Monday, December 10, 2018
Kleinlein: Matters of Interpretation: How to Conceptualize and Evaluate Change of Norms and Values in the International Legal Order
Thomas Kleinlein (Friedrich-Schiller-Universität Jena - Law) has posted Matters of Interpretation: How to Conceptualize and Evaluate Change of Norms and Values in the International Legal Order. Here's the abstract: