The power of secondary rules to connect the international and national legal orders

Open Access
Authors
Publication date 2011
Host editors
  • T. Broude
  • Y. Shany
Book title Multi-sourced equivalent norms in international law
ISBN
  • 9781849461450
Series Studies in international law, 32
Pages (from-to) 45-67
Publisher Oxford: Hart Publishing
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract This papers examines on what basis, and to what extent, secondary rules of international law, notably those relating to interpretation and reparation, may help to moderate the divergence between international norms, on the one hand, and the national manifestations of such norms, on the other. To the extent that secondary rules indeed can induce convergence between international and national nroms, they also may reduce divergence of interpretations between states. As such, the paper contributes to the debate on the phenomenon of fragmentation in international law.
Document type Chapter
Language English
Published at http://ssrn.com/abstract=1515771
Downloads
SSRN-id1515771_1_.pdf (Submitted manuscript)
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