JOURNAL OF BEIJING UNIVERSITY OF POSTS AND TELECOM ›› 2016, Vol. 18 ›› Issue (1): 26-33.

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Legal Interpretation in the Area of International Law: Obedience and Generation

  

  1. School of Law, University of International Business and Economics, Beijing 100029, China
  • Received:2015-11-03 Online:2016-02-28

Abstract:

The relationship between obedience and generation is a key question in the subject of legal interpretation In the area of international law, the obedience and generative practice of legal interpretation get some profound influence from the general rule of legal interpretation and the special condition of international law From hermeneutic and linguistic perspectives, it is found that these two form an integral part Furthermore, the balance between obedience and generation in legal interpretation of international law is decided by the function of international law and also plays a key role in it

Key words: legal interpretation, international law, obedient legal interpretation, generative legal interpretation, functional approach

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