By Carlos Iván Fuentes
ISBN-10: 3319439278
ISBN-13: 9783319439273
ISBN-10: 3319439294
ISBN-13: 9783319439297
This publication offers a theoretical framework for explaining the alternatives made by way of overseas decision-makers by way of what constitutes legislations. It comprehensively analyzes the perform of human rights courts in employing felony tools outdoor their competence and proposes that this tradition acknowledges that varied normative tools coexist in an un-ordered house, and that which means could be produced through the loose interplay of these tools round an issue. in response to this, the e-book advances its normative plurality speculation, which states that decision-makers needs to survey the acquis of foreign legislations so as to establish the entire tools containing correct normative details for a selected state of affairs. The algorithm of legislation appropriate to the location needs to then be complemented with different tools containing particular normative details proper to the placement, leading to a whole approach of norms advancing a standard purpose.
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Extra resources for Normative Plurality in International Law: A Theory of the Determination of Applicable Rules
Example text
34 Ahmadou Sadio Diallo, Merits, supra note 13 at p 730–732 (Separate Opinion of Judge Cançado Trindade); however, Judge Simma has noted that “the Congo v. 38 This is not, however, without a caveat. The Court apparently saw the need to explain and justify the use of the precedent by the HRC: Although the Court is in no way obliged, in the exercise of its judicial functions, to model its own interpretation of the Covenant on that of the Committee, it believes that it should ascribe great weight to the interpretation adopted by this independent body that was established specifically to supervise the application of that treaty.
Lotus”. In the view of the Permanent Court, the very nature of international law is to regulate the interactions between States as independent entities; “[t]he rules of law binding upon States therefore emanate from their own free will…”63 That is, international law arises exclusively from the consent of the State. The ICJ has not expressly adopted the cited dictum of the Lotus case in its jurisprudence, but the Court has not expressly rejected it either. 65 Needless to say, the tradition of international adjudication in which the ICJ operates is framed in a larger tradition of international law.
Settlement 7 at 20–21 [Simma, “Mainstreaming”]. 37 See Ghandhi, supra note 18 at 533 (“What is surprising is that no analysis is made of either the Maroufidou case or assessment of the parameters of General Comment No. 15 [on ‘The position of aliens under the Covenant’]”). 38 American Convention on Human Rights, 22 November 1969, 36 OASTS 1, 1144 UNTS 123; ICCPR, supra note 26; European Convention for the Protection of Human Rights and Fundamental Freedoms, Europ TS No 5, 213 UNTS 211. 39 Ahmadou Sadio Diallo, Merits, supra note 13 at para 68.
Normative Plurality in International Law: A Theory of the Determination of Applicable Rules by Carlos Iván Fuentes
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