QDI S4E Driver
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QDI S4E Driver
They are the salt of international law as of any legal system. Such differences do not, in and of themselves undermine QDI S4E unity and universality of international law as a legal system.
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They contribute to its development, adaption, and fine-tuning in changing circumstances. That said, those differences may shift from the physiology to the pathology. They might become a matter QDI S4E concern if they remain unsolved QDI S4E to a lack of viable mechanisms and institutions.
A legal order that is not in order because of an irremediable uncertainty about the content of its norms and precepts can hardly fulfil its chief function of providing guidance and restraining conduct. As such, it is doomed to irrelevance. Interesting, however, is QDI S4E under the CIL approach, QDI S4E existence of different perspectives and interpretations is not perceived as a normative issue that ought to be remedied through appropriate rules, mechanisms, and institutions.
As such, they could be closer to personal or professional interests than truth.
For Roberts, however, the latter attitude is not necessarily the QDI S4E. The diversity of opinions is then a fact and a sociological reality to be reflected upon, which commands QDI S4E change — not of rules — but of attitudes among international lawyers. Under a CIL approach, differences among international lawyers could be identified, understood, explained, and, ultimately, defused. CIL does not exist only in the mere application of the idea of comparative law to the field of public international law, as illustrated in the previous section.
More than that, the CIL approach seems to be calling for QDI S4E journey down a somewhat different trajectory from classical comparative law. First, CIL seeks to understand differences of interpretation and approaches within the same legal system, that is, international law, and not only in different legal systems as in classical comparative law.
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Moreover, as I understand it, that which is to be compared under the above definition is not only law — however broadly defined that may be. That notion includes the opinion of private individuals because the majority of international lawyers are not governmental QDI S4E. Finally, the purpose of the comparative exercise is to understand and explain why international lawyers think of and apply international law in the way they do rather than determining what QDI S4E should be applied in a given context.
As such, the CIL approach seems to be amounting to an exercise more akin to sociological analysis rather than QDI S4E legal analysis. The fundamental question it asks is why a given claim is made, as opposed to whether it is valid or not.
QDI S4E It does not distinguish whether this claim is made by a public official or by a private individual. Assuming that one has correctly grasped the gist of this dimension of the CIL project, questions arise.
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First, one wonders whether the sociological and political exigencies QDI S4E perceptively articulated by Roberts can be effectively tackled by a legal methodology such as CIL. What Roberts has identified are not legal QDI S4E per se although they do have legal consequencesbut they may be regarded as flaws in the professionalism and education of contemporary international lawyers.
The relationship between Comparative International Law and the normativity of International Law From a substantive perspective, the question arises as to how the aspirations and values that CIL is meant to serve relate QDI S4E those already codified within primary international law rules. From a procedural perspective, it can be asked whether CIL may contribute QDI S4E some way to the normativity of international law and hence to its much-needed effectiveness.
The relationship between the CIL approach and what QDI S4E be referred to as the normativity of international law is presented by Roberts as one of neutrality: CIL provides no criteria, for instance, to distinguish between claims made by States, and international lawyers acting in an official capacity or in a private capacity as scholars.
Moreover, not all the opinions can be validly vented by actors, regardless of the reasons on the basis of which they have been QDI S4E. It is a set of reasons that may prompt one to agree or disagree with a given claim, thereby conferring on it legitimacy without, however, relying on normative criteria, but rather on a variety of policy considerations. What is then necessary is some norm of coordination that explains how the wealth of information collected through comparison may impact on existing norms and rules of QDI S4E law, and whether, for instance, it may justify a departure from them or not.
The latter is given by the factual reality that there are rules and principles agreed upon by States and consolidated in QDI S4E treaties or norms of customary law. The CIL approach focuses on QDI S4E subjective dimension of international law.
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Hence, my concern, which can QDI S4E be flagged for reasons of QDI S4E, is that the CIL approach could attribute more importance to the practice of lawyers rather than to the practice of States as if interpretations provided by States on the content of international law were on par with those of international lawyers.
The more subjective a legal discipline becomes, the more it loses its capacity to bind all its subjects equally and thus, ultimately, its normativity. For all its imperfections and limitations, to me international law is not, at the time of writing, an eminently QDI S4E discipline dominated by the opinions of its scholars.
There was probably a period of its history in which it was so, as Martti Koskenniemi has discussed. When we look at it from a historical perspective, it becomes clear that international law has grown since the aftermath of World War II into quite a dense corpus of primary and secondary norms that are reasonably determinate and binding. Over time, this may precipitate a larger-scale retreat into nativism and unilateralism.
We should be ready to defend the communitarian values of international law against this possibility.