Solving International Norm Conflicts
Solving International Norm Conflicts
Between Rules and Principles
Boeoek, Birte
Bloomsbury Publishing PLC
01/2025
368
Dura
Inglês
9781509961597
Pré-lançamento - envio 15 a 20 dias após a sua edição
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 Concern 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
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 Concern 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