Solving International Norm Conflicts: Between Rules and Principles

ISBN-13: 9781509961597 / Angielski / Twarda / 2027 / 368 str.

the Netherlands) Birte Böök (Utrecht University

Opis

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.

Spis treści

Introduction Part One: Norms and Norm Conflicts 1. Norm Conflicts in International Law 2. The Definition of Norm Conflicts 3. Methods of Conflict Avoidance in International Law Part Two: Rules and Principles in International Law: Applying Alexy’s Theory 4. Discussion of Alexy’s Theory 5. Collisions versus Conflicts 6. Identification of Rules at the International Level 7. Identifying Principles at the International Level Part Three: Rule Conflicts 8. Resolving Rule Conflicts through Traditional Maxims and Conflict Cases 9. Hierarchy and Law: Finding Hierarchy within the International Legal System 10. Lex Superior: International Hierarchy of Norms and Rule Conflicts Part Four: Principle Collisions 11. Resolving Principle Collisions: The Balancing Process 12. Scholarly Debates on Balancing and Proportionality 13. Addressing the Cncern that Balancing Does ‘Too Little’: Absolute Rights and the Core Theory Part Five: Illustrative Examples 14. Framework for the Case Studies 15. The Human Rights Example: Labita v Italy 16. Applying the Framework to General Public International Law Conclusion Bibliography Index