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

See all articles by Andre Nollkaemper

Andre Nollkaemper

University of Amsterdam - Amsterdam Center for International Law

Date Written: November 30, 2009

Abstract

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

Nollkaemper, Andre, The Power of Secondary Rules of International Law to Connect the International and the National Legal Orders (November 30, 2009). Amsterdam Center for International Law Working Paper. Available at SSRN: https://ssrn.com/abstract=1515771

Andre Nollkaemper (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/p.a.nollkaemper/

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