ISBN-10:
3319829440
ISBN-13:
9783319829449
Pub. Date:
09/09/2018
Publisher:
Springer International Publishing
Normative Plurality in International Law: A Theory of the Determination of Applicable Rules

Normative Plurality in International Law: A Theory of the Determination of Applicable Rules

by Carlos Iván FuentesCarlos Iván Fuentes

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Overview

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Product Details

ISBN-13: 9783319829449
Publisher: Springer International Publishing
Publication date: 09/09/2018
Series: Ius Gentium: Comparative Perspectives on Law and Justice , #57
Edition description: Softcover reprint of the original 1st ed. 2016
Pages: 240
Product dimensions: 6.10(w) x 9.25(h) x (d)

Table of Contents

Chapter 1. Introduction.- Chapter 2. Talking About Sources: The Constant Reliance on a Non-Objectified Element.- Chapter 3. The Imperfect Paradigm: Article 38 of The Statute Of The International Court Of Justice.- Chapter 4. Human Rights as a New Paradigm.- Chapter 5. Normative Plurality in International Law.- Chapter 6. General Conclusion.

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