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Books > Law > International law > Settlement of international disputes > International courts & procedures
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Secondary Rules of Primary Importance in International Law - Attribution, Causality, Evidence, and Standards of Review in the Practice of International Courts and Tribunals (Hardcover)
Loot Price: R3,351
Discovery Miles 33 510
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Secondary Rules of Primary Importance in International Law - Attribution, Causality, Evidence, and Standards of Review in the Practice of International Courts and Tribunals (Hardcover)
Series: European Society of International Law
Expected to ship within 12 - 17 working days
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The focus of this edited volume is the often-overlooked importance
of secondary rules of international law. Secondary rules of
international law-such as attribution, causality, and the standard
and burden of proof-have often been neglected in scholarly
literature and have seen fragmented application in international
legal practice. Yet the systemic nature of international law
entails that coherent and consistent application of such rules is a
key element in reinforcing the legitimacy of decisions of
international courts and tribunals. Accelerated development of
international law and international litigation, coupled with the
fragmented nature of the adjudicatory terrain calls for theoretical
scrutiny and systemic analysis of the developments in the judicial
treatment of secondary rules. This publication makes three
important contributions to the study of secondary rules. First, it
offers a comprehensive, expert doctrinal analysis of how standard
of review, causation, evidentiary rules, and attribution operate in
the case law of international courts or tribunals in fields
spanning human rights, trade, investment, and humanitarian law.
Second, it comparatively evaluates the divergent layers of meanings
and normative expectations attached to secondary rules in
international law scholarship as well as in the judicial practice
of international courts and tribunals. Finally, the book
investigates the role that secondary rules play in the development
of the primary rules in international law and for the legitimacy of
the decisions of international courts and tribunals. Earlier
scholarly works have not problematized the role of secondary rules
of international law in adjudication thoroughly. Secondary Rules of
Primary Importance in International Law seeks to fill this gap by
emphasizing the consequential nature of these secondary rules and
argues that the outcome of litigation is fundamentally shaped by
the exact standard of proof, standard of review, or attribution
basis that is chosen by adjudicators. As such, the book offers an
important resource for the study and practice of international law
against the backdrop of the wide-ranging and fragmented nature of
international adjudication.
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