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Table of Cases xi
List of Abbreviations xvii
I In the Beginning was the Deed 1
Problématique 2
Agenda 10
Programme 14
II The Practice of Interpretation: A Theoretical Perspective 16
A Lawmaking in communicative practice 18
1 On the sources of international law 19
2 Sovereignty, sources, and semantic change 27
3 From sources to communicative practice 29
B Semantic struggles in the practice of legal interpretation 37
1 Practice between agency and structure 38
2 On the form and substance of legal interpretation 46
3 Power and authority in semantic struggles 57
C Actors in the practice of interpretation 64
1 Private norm entrepreneurs 65
2 The disaggregated state 67
3 International institutions: Bureaucracies and judicial bodies 69
III UNHCR and the Making of Refugee Law 72
A International bureaucracies as actors in legal discourse 76
1 Delegation from principals to agents 77
2 The authority of international bureaucracies 82
B The expansion of UNHCR's Statute 87
1 Expectations and concerns 90
2 International protection and humble beginnings 95
3 Material assistance, good offices, and displaced persons 98
4 Humanitarian aid and voluntary repatriation 104
C UNHCR and the meaning of the Convention 109
1 UNHCR's role in developing the Convention 110
2 Semantic change at work: Shifting elements in the meaning of 'refugee' 122
D Conclusions: Change and contexts 130
IV Adjudication in the GATT/WTO: Making General Exceptions in Trade Law 135
A International adjudicators as actors in legal discourse 139
1 Historiography: Longing for international adjudication 140
2 Judicial decisions and precedents 144
3 The GATT/WTO context 147
B Article XX in the era of the GATT 150
1 General exceptions: A general prologue 150
2 The creation of a high threshold 157
3 A territorial limitation? 163
C Article XX in the era of the WTO 167
1 Institutional changes and the working of precedents 167
2 A new beginning with the Appellate Body 172
3 Proportionality, interpretation, and legitimacy 180
D Conclusions: Adjudication, precedents, and legitimacy 190
V Creative Interpretations: Normative Twists 196
A The bittersweet taste of justice in legal discourse 198
1 Narratives of progress and advents of justice 200
2 Scepticism and realism 207
3 The practice of interpretation and communicative action 214
B The centrality of law: Dissonances and developments in legal doctrine 223
1 The appeal and futility of soft law 225
2 Intertemporal law and subsequent practice: shortening the leash? 230
3 Global administrative law and international public authority 240
C Evasive foundations: Semantic authority in a normative pluriverse 245
1 Principles of democracy and ultimate authority 248
2 Architectural renovation and institutional design 252
3 Attitudes and interpretation at critical junctures 256
VI Epilogue: In the End there is Eternity 262
Bibliography 266
Index 313
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