From Fragmented Legal Order to Globalised Legal System: Towards a Framework of General Principles for the Consistency of International Law
Keywords:international law as legal system, fragmentation, general principles of law, legal consistency, reason-based reasoning
Fragmentation is out; general principles are in. After years of work on fragmentation, the International Law Commission (ILC) has concluded that international law is a legal system with interconnected norms. The ILC has now shifted its focus to the general principles of law. These principles are a wellspring of rights and obligations, help interpret sources, and guide legal reasoning. This paper focuses on the latter function; it argues that a framework of legal principles can contribute to the consistency of international law as the legal system par excellence for a globalised world. This manuscript begins by outlining how fragmentation is a paradox of globalisation and presenting the prevailing systemic view of international law. The paper then presents a reason-based scheme for reasoning with norms. It finishes by advocating for a framework of principles for legal consistency.
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Copyright (c) 2023 Henrique Marcos
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