‘Customary Law Interpretation as a Tool’ Series

The objective of this series of ESIL Reflections is to address two interrelated questions when it comes to the interpretation of customary international law (CIL):

What is the role of interpretation in the construction/concretization of a CIL rule? and
How can interpretation contribute to the normative development of international law?

With question (i), participants are asked to reflect on the role of interpretation in the construction of CIL rules, the concretization of their content, and their potential evolution. This question has an inward-looking focus, in that it examines how interpretation shapes customary rules. With question (ii), participants are asked to reflect on the role of interpretation more broadly in the system of international law. This question has an outward-looking ‘bird’s eye’ perspective, in that it examines how the interpretation of customary rules affects the practice and development of international law, including potentially the role of interpretation as a strategic tool for change. In approaching either of these two questions, contributors employ the analytical lens of “interpretation as a tool”.