Unity and Pluralism in Public International Law

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Martinus Nijhoff Publishers, Jul 25, 2001 - Law - 272 pages
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The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.
 

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Contents

Public International Law as a legal system
5
Universality and particularism in international custom
27
in International treaties and material international regimes
51
The open structure of Public International Law
79
States and international organizations
107
Selfdetermination of peoples and social pluralism
131
The human person in International Law
151
State legal powers and common interests
171
The International Court of Justice as a judicial organ with
219
The multiplicity of international judicial organs and
227
Other international tribunals in the regional sphere
237
Multiplicity of judicial organs legal pluralism and the unity
244
Selected bibliography
251
Table of Cases
257
Author IndeX
263
Subject Index
269

plurality of international
193
The pacific settlement of disputes and the multiplicity
217

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