The Role of Specific Discipline Principles in International Law: A Parallel Analysis between Environmental and Cultural Heritage Law (Early Draft)

27 Pages Posted: 21 Nov 2013

See all articles by Marina Lostal

Marina Lostal

The Hague University of Applied Sciences - International Law

Date Written: November 19, 2013

Abstract

Specific discipline principles are recurrently used in legal argumentation and in scholarly publications; yet, no single work has elucidated their concept and role in international law. This article sheds some light on this question by conducting a parallel analysis of two international domains – environmental and cultural heritage law - that, despite being close in nature, have opted for a completely different use of these principles. It is argued that specific discipline principles are guiding normative provisions which aim to produce legal effects, and whose presence (i) is a determining factor in the evolution of a subject into a separate legal branch, and (ii) increases the chances of such branch of being considered an important matter in international law. This is because specific discipline principles perform two sets of functions: one internal whereby they allow rationalising a more or less disarrayed cluster of norms and conventions into a coherent whole; and one external which refers to these principles ability of projecting their discipline’s ethos into broader international law discourses. Finally, this article contends that understanding the functioning of specific discipline principles is key to acquiring a better understanding of the dynamics of the current highly specialised international law.

Keywords: principles, branch of law, cultural heritage, Rio Declaration, fragmentat

Suggested Citation

Lostal, Marina, The Role of Specific Discipline Principles in International Law: A Parallel Analysis between Environmental and Cultural Heritage Law (Early Draft) (November 19, 2013). Nordic Journal of International Law, Vol. 82, No. 3, 2013. Available at SSRN: https://ssrn.com/abstract=2357093

Marina Lostal (Contact Author)

The Hague University of Applied Sciences - International Law ( email )

Stamkartplein 40
Hague
Netherlands

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