Overview
- Is the first to comprehensively analyze the practice of human rights courts in applying legal instruments outside their competence
- Provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law
- Presents the problem of sources of international law from the point of view of Scandinavian realism
- Includes supplementary material: sn.pub/extras
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 57)
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Table of contents (6 chapters)
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Front Matter
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Back Matter
Keywords
- Domestic Violence
- Forced Disappearances
- Forced Displacement
- Human Rights in Times of War
- Human Rights Courts
- International Court of Justice
- International Fund for Agricultural Development
- International Law
- Jurisprudence of Incorporation
- Maritime Delimitation
- Military and Paramilitary Activities
- Plurality in International Law
- Principles of Law
- Protection of Children
- Rule of Law
- Scandinavian Realism
- Theory of Alf Ross
- Unilateral Declarations
- Violence Against Women
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: Normative Plurality in International Law
Book Subtitle: A Theory of the Determination of Applicable Rules
Authors: Carlos Iván Fuentes
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-43929-7
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-43927-3Published: 09 September 2016
Softcover ISBN: 978-3-319-82944-9Published: 09 September 2018
eBook ISBN: 978-3-319-43929-7Published: 02 September 2016
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XXVI, 240
Topics: 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
Industry Sectors: Finance, Business & Banking, Law