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The Interpretative Challenges of International Adjudication Across the Common Law/Civil Law Divide

David Baragwanath

Keywords: Interpretation; adjudication; the Special Tribunal for Lebanon; common law; civil law

Interpretation is viewed, and the relationship between the interpretation and creation of international law is examined, from the standpoint of international adjudication across the common law/civil law divide. In cases where there is no settled principle, ‘the highest standard of practical necessity’ is proposed as the requirement for innovation. The jurisprudence of the Special Tribunal for Lebanon is considered in that light.

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