Normative Plurality in International Law [electronic resource] : A Theory of the Determination of Applicable Rules /
Fuentes, Carlos Iván.author.
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.
Description based upon print version of record.
Includes bibliographical references.
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.
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.
Private international law.
Conflict of laws.
International law.
Public law .
Law—Philosophy.
Law.
Human rights.
Private International Law, International & Foreign Law, Comparative Law .
Sources and Subjects of International Law, International Organizations.
Public Law.
Theories of Law, Philosophy of Law, Legal History.
Human Rights.