Friday, December 4, 2009

Nollkaemper: The Power of Secondary Rules of International Law to Connect the International and the National Legal Orders

André Nollkaemper (Univ. of Amsterdam - Amsterdam Center for International Law) has posted The Power of Secondary Rules of International Law to Connect the International and the National Legal Orders (in Multi-Sourced Equivalent Norms, Y. Shany, et. al. eds., forthcoming). Here's the 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 norms, 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.