What is Kirby’s interpretive principle really about?

This article critically assesses Michael Kirby’s interpretive principle to reveal
the assumptions underlying it and suggests that the principle is not really
about international law but rather about moral claims regarding human dignity
and the role of the judge. The article proceeds in three main parts. First, the
interpretive principle is articulated, its different forms noted and its limitations
considered. Secondly, the article reflects upon what the interpretive principle
reveals about how Kirby sees the role of the judge and how this informs the
interpretive principle. Finally, the article considers the emphasis Kirby places
on human rights values and how international law fits into the interpretive
principle.