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Ius Gentium: Comparative Perspectives on Law and Justice

Normative Plurality in International Law

A Theory of the Determination of Applicable Rules

Authors: Fuentes, Carlos Iván

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  • 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
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eBook $109.00
price for USA in USD (gross)
  • ISBN 978-3-319-43929-7
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Hardcover $149.99
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  • ISBN 978-3-319-43927-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $149.99
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  • ISBN 978-3-319-82944-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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.

Table of contents (6 chapters)

Table of contents (6 chapters)

Buy this book

eBook $109.00
price for USA in USD (gross)
  • ISBN 978-3-319-43929-7
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $149.99
price for USA in USD
  • ISBN 978-3-319-43927-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $149.99
price for USA in USD
  • ISBN 978-3-319-82944-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Normative Plurality in International Law
Book Subtitle
A Theory of the Determination of Applicable Rules
Authors
Series Title
Ius Gentium: Comparative Perspectives on Law and Justice
Series Volume
57
Copyright
2016
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-43929-7
DOI
10.1007/978-3-319-43929-7
Hardcover ISBN
978-3-319-43927-3
Softcover ISBN
978-3-319-82944-9
Series ISSN
1534-6781
Edition Number
1
Number of Pages
XXVI, 240
Topics