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State Responsibility and the Primary-Secondary Rules Terminology: : The Role of Language for an Understanding of the International Legal System

Linderfalk, Ulf LU (2009) In Nordic Journal of International Law 78. p.53-72
Abstract
In the international legal literature, it is commonplace to talk about the law of state responsibility as secondary rules of law. The terminology emphasises that in some way or another the law of state responsibility is different from other rules of the international legal system – what international legal scholars refer to as primary rules of law. The present essay inquires into the soundness of this language. As argued, the primary-secondary rules terminology builds on two assumptions. First, it assumes that the law of state responsibility can be described as separate from the ordinary (or primary) rules of international law. Secondly, it assumes that the two classes of rules can be described as pertaining to different stages of the... (More)
In the international legal literature, it is commonplace to talk about the law of state responsibility as secondary rules of law. The terminology emphasises that in some way or another the law of state responsibility is different from other rules of the international legal system – what international legal scholars refer to as primary rules of law. The present essay inquires into the soundness of this language. As argued, the primary-secondary rules terminology builds on two assumptions. First, it assumes that the law of state responsibility can be described as separate from the ordinary (or primary) rules of international law. Secondly, it assumes that the two classes of rules can be described as pertaining to different stages of the judicial decision-making process. As shown in this essay, neither assumption can be defended as correct. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Public international law, Folkrätt
in
Nordic Journal of International Law
volume
78
pages
53 - 72
publisher
Brill Academic Publishers
external identifiers
  • scopus:68349092715
ISSN
0902-7351
language
English
LU publication?
yes
id
e4eec084-e79f-4221-89f1-5223f9d21444 (old id 1686650)
alternative location
https://brill.com/view/journals/nord/78/1/article-p53_2.xml
date added to LUP
2010-09-30 14:02:58
date last changed
2019-02-20 09:35:49
@article{e4eec084-e79f-4221-89f1-5223f9d21444,
  abstract     = {In the international legal literature, it is commonplace to talk about the law of state responsibility as secondary rules of law. The terminology emphasises that in some way or another the law of state responsibility is different from other rules of the international legal system – what international legal scholars refer to as primary rules of law. The present essay inquires into the soundness of this language. As argued, the primary-secondary rules terminology builds on two assumptions. First, it assumes that the law of state responsibility can be described as separate from the ordinary (or primary) rules of international law. Secondly, it assumes that the two classes of rules can be described as pertaining to different stages of the judicial decision-making process. As shown in this essay, neither assumption can be defended as correct.},
  author       = {Linderfalk, Ulf},
  issn         = {0902-7351},
  keyword      = {Public international law,Folkrätt},
  language     = {eng},
  pages        = {53--72},
  publisher    = {Brill Academic Publishers},
  series       = {Nordic Journal of International Law},
  title        = {State Responsibility and the Primary-Secondary Rules Terminology: : The Role of Language for an Understanding of the International Legal System},
  volume       = {78},
  year         = {2009},
}