Practice theory and change in international law: theorizing the development of legal meaning through the interpretive practices of international criminal courts

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Standard

Practice theory and change in international law : theorizing the development of legal meaning through the interpretive practices of international criminal courts. / Stappert, Nora.

I: International Theory, Bind 12, Nr. 1, 2020, s. 33-58.

Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt

Harvard

Stappert, N 2020, 'Practice theory and change in international law: theorizing the development of legal meaning through the interpretive practices of international criminal courts', International Theory, bind 12, nr. 1, s. 33-58. <https://www.cambridge.org/core/journals/international-theory/article/practice-theory-and-change-in-international-law-theorizing-the-development-of-legal-meaning-through-the-interpretive-practices-of-international-criminal-courts/1DAB983AF67834D394A2EEB726D4F19B>

APA

Stappert, N. (2020). Practice theory and change in international law: theorizing the development of legal meaning through the interpretive practices of international criminal courts. International Theory, 12(1), 33-58. https://www.cambridge.org/core/journals/international-theory/article/practice-theory-and-change-in-international-law-theorizing-the-development-of-legal-meaning-through-the-interpretive-practices-of-international-criminal-courts/1DAB983AF67834D394A2EEB726D4F19B

Vancouver

Stappert N. Practice theory and change in international law: theorizing the development of legal meaning through the interpretive practices of international criminal courts. International Theory. 2020;12(1):33-58.

Author

Stappert, Nora. / Practice theory and change in international law : theorizing the development of legal meaning through the interpretive practices of international criminal courts. I: International Theory. 2020 ; Bind 12, Nr. 1. s. 33-58.

Bibtex

@article{5a9d95260e1749dfb62015b6cdf60156,
title = "Practice theory and change in international law: theorizing the development of legal meaning through the interpretive practices of international criminal courts",
abstract = "The question of change has emerged as one of the main conceptual and empirical challenges for International Relations{\textquoteright} practice turn. In the context of international law, such a challenge is brought into particularly stark relief due to the significant development of legal meaning through more informal, interpretive avenues, including through the judgments of international courts. This paper develops a framework for theorizing how interpretive legal practices generate normative content change in international law. Specifically, it uses the example of the development of international criminal law through the decisions of international criminal courts to analyze how legal interpretation can leadto normative change in practice. Drawing on interviews conducted with judges and legal officers at the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra Leone (SCSL), I analyze how a community of legal practice centered around these courts was able to construct and alter legal meaning in international criminal law, and how such a potential for change was curbed by understandings of the interpretive process and the role of international courts dominant among international lawyers.",
author = "Nora Stappert",
note = "This project has received funding from the European Union{\textquoteright}s Horizon 2020 research and innovation programme under the Marie Sklodowska-Curie grant agreement No 748114. ",
year = "2020",
language = "English",
volume = "12",
pages = "33--58",
journal = "International Theory",
issn = "1752-9719",
publisher = "cambridge university press (cup)",
number = "1",

}

RIS

TY - JOUR

T1 - Practice theory and change in international law

T2 - theorizing the development of legal meaning through the interpretive practices of international criminal courts

AU - Stappert, Nora

N1 - This project has received funding from the European Union’s Horizon 2020 research and innovation programme under the Marie Sklodowska-Curie grant agreement No 748114.

PY - 2020

Y1 - 2020

N2 - The question of change has emerged as one of the main conceptual and empirical challenges for International Relations’ practice turn. In the context of international law, such a challenge is brought into particularly stark relief due to the significant development of legal meaning through more informal, interpretive avenues, including through the judgments of international courts. This paper develops a framework for theorizing how interpretive legal practices generate normative content change in international law. Specifically, it uses the example of the development of international criminal law through the decisions of international criminal courts to analyze how legal interpretation can leadto normative change in practice. Drawing on interviews conducted with judges and legal officers at the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra Leone (SCSL), I analyze how a community of legal practice centered around these courts was able to construct and alter legal meaning in international criminal law, and how such a potential for change was curbed by understandings of the interpretive process and the role of international courts dominant among international lawyers.

AB - The question of change has emerged as one of the main conceptual and empirical challenges for International Relations’ practice turn. In the context of international law, such a challenge is brought into particularly stark relief due to the significant development of legal meaning through more informal, interpretive avenues, including through the judgments of international courts. This paper develops a framework for theorizing how interpretive legal practices generate normative content change in international law. Specifically, it uses the example of the development of international criminal law through the decisions of international criminal courts to analyze how legal interpretation can leadto normative change in practice. Drawing on interviews conducted with judges and legal officers at the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra Leone (SCSL), I analyze how a community of legal practice centered around these courts was able to construct and alter legal meaning in international criminal law, and how such a potential for change was curbed by understandings of the interpretive process and the role of international courts dominant among international lawyers.

M3 - Journal article

VL - 12

SP - 33

EP - 58

JO - International Theory

JF - International Theory

SN - 1752-9719

IS - 1

ER -

ID: 229321028