ISBN:
9783319439297
Language:
English
Pages:
Online-Ressource (XXVI, 240 p, online resource)
Series Statement:
Ius Gentium: Comparative Perspectives on Law and Justice 57
Series Statement:
SpringerLink
Series Statement:
Bücher
Series Statement:
Springer eBook Collection
Series Statement:
Law and Criminology
Parallel Title:
Druckausg.
Parallel Title:
Printed edition
Keywords:
Comparative law
;
Private international law
;
Conflict of laws
;
International law
;
Public law
;
Human rights
;
Law
;
Law—Philosophy.
Abstract:
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
Abstract:
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
DOI:
10.1007/978-3-319-43929-7
URL:
Volltext
(lizenzpflichtig)
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