Normative Plurality in International Law
A Theory of the Determination of Applicable Rules
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Beschreibung
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.
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.
Is the first to comprehensively analyze the practice of human rights courts in applying legal instruments outside their competence Provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law Presents the problem of sources of international law from the point of view of Scandinavian realism Includes supplementary material: sn.pub/extras
Autor*in
Carlos Iván Fuentes
Themen in »Normative Plurality in International Law«
Domestic Violence Forced Disappearances Forced Displacement Human Rights in Times of War Human Rights Courts International Court of Justice International Fund for Agricultural Development International Law Jurisprudence of Incorporation Maritime Delimitation Military and Paramilitary Activities Plurality in International Law Principles of Law Protection of Children Rule of Law