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Nollkaemper on Secondary Rules of International Law

By Lawrence Solum

Andre Nollkaemper (University of Amsterdam - Amsterdam Center for International Law) has posted The Power of Secondary Rules of International Law to Connect the International and the National Legal Orders (MULTI-SOURCED EQUIVALENT NORMS, Y. Shany, et. al., eds., Forthcoming) on SSRN. Here is the abstract:

This paper examines on what basis, and to what extent, secondary rules of international law, notably those relating to interpretation and reparation, may help to moderate the divergence between international norms, on the one hand, and the national manifestations of such norms, on the other. To the extent that secondary rules indeed can induce convergence between international and national nroms, they also may reduce divergence of interpretations between states. As such, the paper contributes to the debate on the phenomenon of fragmentation in international law.

Full post as published by Legal Theory Blog on December 04, 2009 (boomark / email).