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Normative Plurality in International Law by Carlos Ivan Fuentes
Normative Plurality in International Law by Carlos Ivan Fuentes
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Normative Plurality in International Law

A Theory of the Determination of Applicable Rules
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Description

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.
Release date Australia
September 9th, 2018
Audience
  • Professional & Vocational
Edition
Softcover reprint of the original 1st ed. 2016
Illustrations
XXVI, 240 p.
Pages
240
Dimensions
156x234x14
ISBN-13
9783319829449
Product ID
28452551

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