INTERPRETIVE ENTREPRENEURS

  • Melissa J. Durkee

    Research output: Contribution to journalArticlepeer-review

    16 Scopus citations

    Abstract

    Private actors interpret legal norms, a phenomenon I call "interpretive entrepreneurship." The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of "post hoc" international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial activity by business actors and cast a wide net, examining aircraft finance, space mining, modern slavery, and investment law. As a matter of theory, this processbased account suggests that international legal interpretation involves contests for meaning among diverse groups of actors, giving credence to critical and constructivist views of international legal interpretation.

    Original languageEnglish
    Pages (from-to)431-493
    Number of pages63
    JournalVirginia Law Review
    Volume107
    Issue number3
    StatePublished - May 2021

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