The Application of International Legal Norms Over Time: : The Second Branch of Intertemporal Law
(2011) In Netherlands International Law Review 58. p.147-172- Abstract
- Intertemporal law governs the applicability of international legal norms ratione temporis. According to often used terminology, intertemporal law has two different branches. This article provides clarification of the so-called ‘second branch of intertemporal law’. It does so by refuting two commonly held assumptions. First, as established in section 2 of the article, the second branch of intertemporal law is not an exception to the first branch of that law. It cannot be, since both branches of intertemporal law centre on the same legal principle: an action or a factual state of affairs must be assessed in the light of the law which is contemporary with it. Secondly, as implicated by the line of reasoning in section 2, and further confirmed... (More)
- Intertemporal law governs the applicability of international legal norms ratione temporis. According to often used terminology, intertemporal law has two different branches. This article provides clarification of the so-called ‘second branch of intertemporal law’. It does so by refuting two commonly held assumptions. First, as established in section 2 of the article, the second branch of intertemporal law is not an exception to the first branch of that law. It cannot be, since both branches of intertemporal law centre on the same legal principle: an action or a factual state of affairs must be assessed in the light of the law which is contemporary with it. Secondly, as implicated by the line of reasoning in section 2, and further confirmed by the inferential evidence cited in section 3, the practical relevance of the second branch of intertemporal law is not confined to the application of the law on the acquisition to territory. It pertains to a more widely defined group of norms in international law. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/1884747
- author
- Linderfalk, Ulf LU
- organization
- publishing date
- 2011
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Public international law, Folkrätt
- in
- Netherlands International Law Review
- volume
- 58
- pages
- 147 - 172
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:85016058519
- ISSN
- 1741-6191
- language
- English
- LU publication?
- yes
- id
- e1e0d22e-ffe1-44e7-81cf-d02309e570f1 (old id 1884747)
- alternative location
- https://www.cambridge.org/core/services/aop-cambridge-core/content/view/188F73F14B99BEAEA63237A6D3E074EA/S0165070X11200019a.pdf/application_of_international_legal_norms_over_time_the_second_branch_of_intertemporal_law.pdf
- date added to LUP
- 2016-04-04 13:18:44
- date last changed
- 2022-10-12 13:11:49
@article{e1e0d22e-ffe1-44e7-81cf-d02309e570f1,
abstract = {{Intertemporal law governs the applicability of international legal norms ratione temporis. According to often used terminology, intertemporal law has two different branches. This article provides clarification of the so-called ‘second branch of intertemporal law’. It does so by refuting two commonly held assumptions. First, as established in section 2 of the article, the second branch of intertemporal law is not an exception to the first branch of that law. It cannot be, since both branches of intertemporal law centre on the same legal principle: an action or a factual state of affairs must be assessed in the light of the law which is contemporary with it. Secondly, as implicated by the line of reasoning in section 2, and further confirmed by the inferential evidence cited in section 3, the practical relevance of the second branch of intertemporal law is not confined to the application of the law on the acquisition to territory. It pertains to a more widely defined group of norms in international law.}},
author = {{Linderfalk, Ulf}},
issn = {{1741-6191}},
keywords = {{Public international law; Folkrätt}},
language = {{eng}},
pages = {{147--172}},
publisher = {{Cambridge University Press}},
series = {{Netherlands International Law Review}},
title = {{The Application of International Legal Norms Over Time: : The Second Branch of Intertemporal Law}},
url = {{https://www.cambridge.org/core/services/aop-cambridge-core/content/view/188F73F14B99BEAEA63237A6D3E074EA/S0165070X11200019a.pdf/application_of_international_legal_norms_over_time_the_second_branch_of_intertemporal_law.pdf}},
volume = {{58}},
year = {{2011}},
}