Borrow it
Coverart for item
The Resource International norm conflicts through the lens of Alexy's principles theory, Birte Annika Böök

International norm conflicts through the lens of Alexy's principles theory, Birte Annika Böök

Creator
Contributor
Summary
The likelihood of clashes between international norms has increased in correlation with the upsurge in the number of specialised regimes emerging within the international legal field. The present thesis takes a closer look at the different ways in which such norm conflicts can be addressed at the international level. In particular, it distinguishes between conflict resolution based on establishing priority by means of traditional maxims, and resolution based on the weighing of clashing norms to determine which prevails in the case at hand. To do so, the thesis takes a step back from the existing literature and examines the distinction within norms between rules and principles, relying predominantly on Robert Alexy’s theory on this subject. Taking a legal-theoretical approach to the subject of international norm conflicts, this thesis shows that Alexy’s principles theory is not only transferrable to international law in theory, but that we can, moreover, identify international norms as rules and principles respectively. Distinguishing between the different ways in which conflicts are resolved depending on whether the norms involved are rules or principles, it is shown that while both approaches are susceptible to certain conceptual uncertainties and pitfalls, this dichotomy nevertheless plays an important role in the efficiency of the international legal system, ensuring that a certain balance between stability and flexibility is maintained. Ultimately, it is demonstrated that by viewing international law, and international norm conflicts in particular, through the lens of Alexy’s principles theory, we can gain a clearer understanding of the structure and application of international norms on the one hand and, as a result, how to resolve international norm conflicts on the other. Thus, drawing a distinction between rules and principles among international legal norms can be a means by which scholars (as well as judicial bodies or even states) may analyse ambiguous judicial decisions or international legal provisions, and can thus foster greater clarity in the field of international law
Language
eng
Work
Publication
Extent
xiii, 334 pages
Note
Examining Board: Professor Martin Scheinin, EUI (Supervisor); Professor Giovanni Sartor, EUI Professor Matthias Klatt, Karl-Franzens-Universität Graz; Dr Rosanne van Alebeek, Universiteit van Amsterdam
Link
http://hdl.handle.net/1814/59798
Instance
Label
International norm conflicts through the lens of Alexy's principles theory
Title
International norm conflicts through the lens of Alexy's principles theory
Statement of responsibility
Birte Annika Böök
Creator
Contributor
Subject
Language
eng
Summary
The likelihood of clashes between international norms has increased in correlation with the upsurge in the number of specialised regimes emerging within the international legal field. The present thesis takes a closer look at the different ways in which such norm conflicts can be addressed at the international level. In particular, it distinguishes between conflict resolution based on establishing priority by means of traditional maxims, and resolution based on the weighing of clashing norms to determine which prevails in the case at hand. To do so, the thesis takes a step back from the existing literature and examines the distinction within norms between rules and principles, relying predominantly on Robert Alexy’s theory on this subject. Taking a legal-theoretical approach to the subject of international norm conflicts, this thesis shows that Alexy’s principles theory is not only transferrable to international law in theory, but that we can, moreover, identify international norms as rules and principles respectively. Distinguishing between the different ways in which conflicts are resolved depending on whether the norms involved are rules or principles, it is shown that while both approaches are susceptible to certain conceptual uncertainties and pitfalls, this dichotomy nevertheless plays an important role in the efficiency of the international legal system, ensuring that a certain balance between stability and flexibility is maintained. Ultimately, it is demonstrated that by viewing international law, and international norm conflicts in particular, through the lens of Alexy’s principles theory, we can gain a clearer understanding of the structure and application of international norms on the one hand and, as a result, how to resolve international norm conflicts on the other. Thus, drawing a distinction between rules and principles among international legal norms can be a means by which scholars (as well as judicial bodies or even states) may analyse ambiguous judicial decisions or international legal provisions, and can thus foster greater clarity in the field of international law
Cataloging source
FIE
http://library.link/vocab/creatorName
Böök, Birte Annika
Date time place
Defence date: 20 November 2018
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW, 2018)
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses.
  • EUI theses
http://library.link/vocab/subjectName
  • Alexy, Robert
  • Law
  • International law
  • Dispute resolution (Law)
Label
International norm conflicts through the lens of Alexy's principles theory, Birte Annika Böök
Link
http://hdl.handle.net/1814/59798
Instantiates
Publication
Note
Examining Board: Professor Martin Scheinin, EUI (Supervisor); Professor Giovanni Sartor, EUI Professor Matthias Klatt, Karl-Franzens-Universität Graz; Dr Rosanne van Alebeek, Universiteit van Amsterdam
Bibliography note
Includes bibliographical references (pages 293 - 334)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
xiii, 334 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1088465746
Label
International norm conflicts through the lens of Alexy's principles theory, Birte Annika Böök
Link
http://hdl.handle.net/1814/59798
Publication
Note
Examining Board: Professor Martin Scheinin, EUI (Supervisor); Professor Giovanni Sartor, EUI Professor Matthias Klatt, Karl-Franzens-Universität Graz; Dr Rosanne van Alebeek, Universiteit van Amsterdam
Bibliography note
Includes bibliographical references (pages 293 - 334)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
xiii, 334 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1088465746

Subject

Library Locations

    • Badia FiesolanaBorrow it
      Via dei Roccettini 9, San Domenico di Fiesole, 50014, IT
      43.803074 11.283055

Library Links

Structured data from the Bibframe namespace is licensed under the Creative Commons Attribution 4.0 International License by European University Institute. Additional terms may apply to data associated with third party namespaces.
Processing Feedback ...