Conventionally, international legal scholarship concerned with norm
conflicts focuses on identifying how international law can or
should resolve them. This book adopts a different approach. It
focuses on identifying those norm conflicts that law cannot and
should not resolve. The book offers an unprecedented,
controversial, yet sophisticated, argument in favour of construing
such irresolvable conflicts as legal dilemmas. Legal dilemmas exist
when a legal actor confronts a conflict between at least two legal
norms that cannot be avoided or resolved. Addressing both academics
and practitioners, the book aims to identify the character and
consequences of legal dilemmas, to distil their legal function
within the sphere of international law, and to encourage serious
theoretical and practical investigation into the conditions that
lead to a legal dilemma. The first part proposes a definition of
legal dilemmas and distinguishes the term from numerous related
concepts. Based on this definition, the second part scrutinises
international law's contemporary norm conflict resolution and
accommodation devices in order to identify their limited ability to
resolve certain kinds of norm conflicts. Against the background of
the limits identified in the second part, the third part outlines
and evaluates the book's proposed method of dealing with legal
dilemmas. In contrast to conventional approaches that recommend
dealing with irresolvable norm conflicts by means of non liquet
declarations, judicial law-making, or a balancing test, the book's
proposal envisions that irresolvable norm conflicts are dealt with
by judicial and sovereign actors in a complementary fashion.
Judicial actors should openly acknowledge irresolvable conflicts
and sovereign actors should decide with which norm they will
comply. The book concludes with the argument that analysing various
aspects of international law through the concept of a legal dilemma
enhances its conceptual accuracy, facilitates more legitimate
decision-making, and maintains its dynamic responsiveness.
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