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The Application of International Legal Norms Over Time: : The Second Branch of Intertemporal Law

Linderfalk, Ulf LU (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)
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author
organization
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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
2020-07-29 04:06:50
@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},
  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},
}