Principled Monism and the Normative Conception of Coercion Under International Law
28 Pages Posted: 27 Oct 2011
Date Written: October 27, 2011
In this work we argue that the existence of a global legal order, where the lines between national and international law are increasingly blurred, must be grounded on a scheme of principles of justice (‘Principled Monism’). Rather than neatly structured based on strict separation, automatic incorporation or formal hierarchy of regimes, sources or norms (eg, international law trumps national law), these principles of justice are in many instances elaborated and further developed, if not constituted, by formally inferior or sub-international law contexts. The global legal order thereby presents itself as a collection of institutionalised norms that develop, expand and promote a scheme of principles of justice, which itself does not depend for its existence on any act of legal authority but merely requires for its activation and implementation some concrete instances of institutional intervention.
Keywords: international law, monism, coercion, justice, sources of law
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