A Methodology to Produce a Meaning for the Right to Health

John Tobin

in The Right to Health in International Law

Published in print December 2011 | ISBN: 9780199603299
Published online January 2012 | e-ISBN: 9780191731662 | DOI:
A Methodology to Produce a Meaning for the Right to Health

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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

Chapter.  25839 words. 

Subjects: Public International Law

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