TRICI Law Research

• Interpretability of CIL in Theory (WP1)
• Rules of Interpretation of CIL in International Judicial Practice (WP2)
• Convergence/Divergence of Rules of Interpretation and their Evolution through Time (WP3)
• Articles/Guidelines on Interpretation of CIL with Commentary (WP4)

Interpretability of CIL in Theory (WP1)

This WP will examine the theoretical validity of CIL being open to interpretation. It will do so by examining international legal theory with respect to both CIL and interpretation. It will provide answers as to whether and why doctrine and domestic legal practice allow or disallow the possibility of interpretation of CIL. In the latter scenario, alternative procedures will be identified that can account for the gap that is currently observed in international judicial practice.

Rules of Interpretation of CIL in International Judicial Practice (WP2)

This WP will examine the case-law of international judicial and quasi-judicial bodies, in order to induce from it the rules of interpretation of CIL and their precise content. It will provide answers not only as to the exact content of these rules, but also as to their nature. These rules of interpretation may be legal stricto sensu, but they may also be principles/approaches/maxims/rules of logic, which also have content but may not be binding per se on the interpreter.

Convergence/Divergence of Rules of Interpretation and their Evolution through Time (WP3)

This WP will examine points of convergence/divergence between the rules of interpretation of CIL and those of treaties and of unilateral acts. It will provide answers as to what the similarities and the differences are in both the nature and the content of these rules and inquire into the reasons that may explain these points of convergence/divergence. Furthermore, it will examine the points of convergence/divergence between these rules not only as they stand now, but as they have evolved through the passage of time.

Articles/Guidelines on Interpretation of CIL with Commentary (WP4)

WP4 will be a synthesis WP, bringing together all the findings of the previous WPs, and condense them in a single, user-friendly document. That document will be in the form of articles/guidelines on interpretation of CIL and will be accompanied by a more extensive article-by-article commentary.