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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Law and Literature Approaches to International Adjudication

Paolo Vargiu

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 May 2023

Precedent — Arbitration, procedure — Consent to jurisdiction — Authority of previous decisions (precedents) — Ordinary meaning (treaty interpretation and) — Sources, foundations and principles of international law — Theory of international law

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Until the 1970s, there was little trace in the scholarship, if any, of that approach to law which is now commonly referred to as ‘law and literature’ (Calvo Gonzalez, 1996, 18). Indeed, to most people, ‘law’ and ‘literature’ are disciplines that may have something in common—they both are based on the use of words, rhetoric is an essential element of the practice of law and the practice of literature, and both practices require spending a considerable amount of time reading—but are ultimately two different things. One is rigour, techné, power; the other is...
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