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Solving International Norm Conflicts: Between Rules and Principles: Hart Studies in Constitutional Theory

Autor Birte Böök
en Limba Engleză Hardback – 3 apr 2024
This book provides a theoretical framework which clarifies how different types of international norm conflicts can be solved efficiently. By drawing on Robert Alexy's distinction between rules and principles, it develops a novel approach which helps better identify and conceptualise norm conflicts and their resolution. The book develops a unique method by which to identify norms of international law as rules and principles respectively. Using examples taken from different international legal regimes, such as international environmental law and international human rights law, it argues that it is indeed possible to distinguish between the two types of norms within the body of international law. It goes on to use this distinction to consider which tools are available at the international level to resolve conflicts involving either type of norm, highlighting their gaps and inefficiencies. Finally, it provides a new framework to be used for looking at international conflicts and provides several case studies which show that drawing the distinction between rules and principles can be a means by which scholars, judicial bodies and states may analyse ambiguous judicial decisions or international legal provisions, and thus foster greater clarity in the field of international law.
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Specificații

ISBN-13: 9781509961597
ISBN-10: 1509961593
Pagini: 368
Dimensiuni: 156 x 234 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Constitutional Theory

Locul publicării:London, United Kingdom

Caracteristici

Takes a novel approach by using constitutional legal theory to shed light on the phenomenon of international norm conflicts and their resolution

Notă biografică

Birte Böök is Postdoctoral Researcher at Utrecht University, the Netherlands.

Cuprins

Introduction Part One: Norms and Norm Conflicts1. Norm Conflicts in International Law2. The Definition of Norm Conflicts3. Methods of Conflict Avoidance in International LawPart Two: Rules and Principles in International Law: Applying Alexy's Theory4. Discussion of Alexy's Theory5. Collisions versus Conflicts6. Identification of Rules at the International Level7. Identifying Principles at the International LevelPart Three: Rule Conflicts8. Resolving Rule Conflicts through Traditional Maxims and Conflict Cases9. Hierarchy and Law: Finding Hierarchy within the International Legal System10. Lex Superior: International Hierarchy of Norms and Rule ConflictsPart Four: Principle Collisions11. Resolving Principle Collisions: The Balancing Process12. Scholarly Debates on Balancing and Proportionality 13. Addressing the Cncern that Balancing Does 'Too Little': Absolute Rights and the Core TheoryPart Five: Illustrative Examples14. Framework for the Case Studies15. The Human Rights Example: Labita v Italy16. Applying the Framework to General Public International LawConclusionBibliographyIndex