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The Right to Health in International Law$
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John Tobin

Print publication date: 2011

Print ISBN-13: 9780199603299

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199603299.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 October 2021

A Methodology to Produce a Meaning for the Right to Health

A Methodology to Produce a Meaning for the Right to Health

Chapter:
(p.75) 3 A Methodology to Produce a Meaning for the Right to Health
Source:
The Right to Health in International Law
Author(s):

John Tobin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199603299.003.0004

This chapter provides a detailed and transparent account of the methodology to be used to produce a meaning of the right to health. It argues that the act of legal interpretation is not simply the process of attributing a meaning to the right to health but ultimately an act of persuasion. Moreover, the persuasive appeal of an interpretation offered for the right to health will be enhanced if it is able to satisfy four criteria — it must be principled, clear and practical, demonstrate coherence both in its reasoning and within the system of international law, and be sensitive to the nature of the socio-political context within individual states and the international legal order.

Keywords:   international law, treaty interpretation, interpretative communities, fragmentation, margin of appreciation

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