The Power of Secondary Rules of International Law to Connect the International and the National Legal Orders
Amsterdam Center for International Law Working Paper
34 Pages Posted: 3 Dec 2009 Last revised: 28 Apr 2011
Date Written: November 30, 2009
This papers 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.
Keywords: international law, national courts, interpretation, reparation, secondary rules, fragmentation
JEL Classification: K33
Suggested Citation: Suggested Citation