Secondary Rules of Primary Importance in International Law: Attribution, Causality, Evidence, and Standards of Review in the Practice of International Courts and Tribunals

Secondary rules of international law, such as attribution, causality, and the standard and burden of proof, are crucial for reinforcing the legitimacy of decisions of international courts and tribunals. This edited volume offers a comprehensive doctrinal analysis of how these rules operate in the case law of international courts and tribunals, compares the divergent layers of meanings and normative expectations attached to them, and investigates their role in the development of primary rules and the legitimacy of international courts and tribunals.

Format: Hardback
Length: 368 pages
Publication date: 28 November 2022
Publisher: Oxford University Press

The significance of secondary rules of international law, such as attribution, causality, and the standard and burden of proof, has frequently been disregarded in academic discourse and has received fragmented application in international legal practice. However, the interconnectedness of international law necessitates coherent and consistent application of these rules to reinforce the legitimacy of decisions made by international courts and tribunals. The rapid evolution of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain, calls for theoretical exploration and systemic analysis of the developments in the judicial treatment of secondary rules.

This publication makes three significant contributions to the study of secondary rules. Firstly, it provides a comprehensive and expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution function in the case law of international courts and tribunals across various fields, including human rights, trade, investment, and humanitarian law. Secondly, it comparatively evaluates the diverse layers of meanings and normative expectations associated with secondary rules in international law scholarship and in the judicial practices of international courts and tribunals. Lastly, the book investigates the role that secondary rules play in the development of primary rules of international law and in the legitimacy of the decisions of international courts and tribunals.

Earlier scholarly works have not adequately addressed the role of secondary rules of international law in adjudication. Secondary Rules of Primary Importance in International Law seeks to bridge this gap by emphasizing the importance of these rules in the international legal framework. By examining the application and interpretation of secondary rules, this publication contributes to a deeper understanding of international law and its role in shaping global affairs.

In conclusion, this edited volume highlights the overlooked significance of secondary rules of international law. By providing a comprehensive doctrinal analysis, comparative evaluation, and investigation of their role in the development of primary rules and the legitimacy of international courts and tribunals, it offers valuable insights into the workings of international law. It is a must-read for scholars, practitioners, and policymakers interested in advancing the study and practice of international law.

Weight: 720g
Dimension: 164 x 242 x 27 (mm)
ISBN-13: 9780192869012