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The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international 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 international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international 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 international 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 international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals.Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International 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 applied.
This volume investigates how secondary rules of international law—specifically attribution, causality, evidence, and standards of review—fundamentally shape the outcomes and legitimacy of international litigation. The editors, Basak Çali, Gábor Kajtár, and Marko Milanovic, curate a collection of expert analyses that address the historical neglect of these procedural mechanisms. The text argues that because international law is systemic, the consistent application of these secondary rules is essential for the coherence and authority of judicial decisions across various international tribunals.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this volume as a significant contribution to the study of international procedural law, noting its success in addressing a previously under-theorized area of jurisprudence. Experts highlight the text as a necessary resource for understanding the mechanics of international litigation and the systemic importance of secondary rules.
Page Count:
368
Publication Date:
2023-02-28
Publisher:
Oxford University Press
ISBN-10:
0192869019
ISBN-13:
9780192869012
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