By Carlos Iván Fuentes
This publication presents a theoretical framework for explaining the alternatives made by way of foreign decision-makers by way of what constitutes legislation. It comprehensively analyzes the perform of human rights courts in using felony tools outdoor their competence and proposes that this tradition acknowledges that diversified normative tools coexist in an un-ordered house, and that which means will be produced by means of the loose interplay of these tools round an issue. in line with this, the e-book advances its normative plurality speculation, which states that decision-makers needs to survey the acquis of foreign legislation for you to establish all of the tools containing suitable normative info for a specific state of affairs. The algorithm of legislation acceptable to the placement needs to then be complemented with different tools containing particular normative info proper to the placement, leading to an entire method of norms advancing a standard purpose.
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Extra info for Normative Plurality in International Law: A Theory of the Determination of Applicable Rules
Lotus” (France v. Turkey) (1927), PCIJ (Ser. A) No. 10 at 18. , Reparations for Injuries Suffered in the Service of the United Nations, Advisory Opinion,  ICJ Rep 174 at 182 (“The Court is here faced with a new situation. The question to which it gives rise can only be solved by realizing that the situation is dominated by the provisions of the Charter considered in the light of the principles of international law”); Fisheries (United Kingdom v. Norway),  ICJ Rep 116 at 132 (“It does not at all follow that, in the absence of rules having the technically precise character alleged by the United Kingdom Government, the delimitation undertaken by the Norwegian Government in 1935 is not subject to certain principles which make it possible to judge as to its validity under international law”).
International conventions, whether general or particular, establishing rules expressly recognised by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognised by civilized nations; d. 76 This Article, taken almost entirely from the Statute of the PCIJ,77 deﬁned the applicable law for international conflicts under the Court’s jurisdiction as treaties, “The experience of organs such as the General Assembly and the Security Council shows what a close influence the solution of the procedural debate has on the rights of the parties rather than on than on the organization and internal administration of the organ.
In the same manner, I argue that a serious analysis of how human rights theory is transforming the mainstream understanding of the sources of international law cannot start with the doctrine of sources itself. On the contrary, by discussing the interdependent notions that play a role in international decision-making, I show the pluralist nature of normativity in international law. However, the doctrine of sources cannot be completely ignored, as it remains one of the notions that influence the decision-making process.