Secondary Rules of Primary Importance in Inteational Law:Attribution, Causality, Evidence, and Standards of Review in the Practice of Inteational ... (European Society of Inteational Law)

by: Gábor Kajtár (Editor),Basak Çali (Editor),Marko Milanovic (Editor)&0more

Publisher: Oxford University Press

Publication Date: 2023/2/28

Language: English

Print Length: 368 pages

ISBN-10: 0192869019

ISBN-13: 9780192869012

Book Description

The focus of this edited volume is the often-overlooked importance of secondary rules of inteational law. Secondary rules of inteational 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 inteational legal practice. Yet the systemic nature of inteational law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of inteational courts and tribunals. Accelerated development of inteational law and inteational 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 inteational 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 inteational law scholarship as well as in the judicial practice of inteational courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in inteational law and for the legitimacy of the decisions of inteational courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of inteational law in adjudication thoroughly. Secondary Rules of Primary Importance in Inteational 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 inteational law against the backdrop of the wide-ranging and fragmented nature of inteational adjudication.

About the Author

The focus of this edited volume is the often-overlooked importance of secondary rules of inteational law. Secondary rules of inteational 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 inteational legal practice. Yet the systemic nature of inteational law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of inteational courts and tribunals. Accelerated development of inteational law and inteational 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 inteational 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 inteational law scholarship as well as in the judicial practice of inteational courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in inteational law and for the legitimacy of the decisions of inteational courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of inteational law in adjudication thoroughly. Secondary Rules of Primary Importance in Inteational 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 inteational law against the backdrop of the wide-ranging and fragmented nature of inteational adjudication.