State Responsibility and the Primary-Secondary Rules Terminology: : The Role of Language for an Understanding of the International Legal System
(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)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/1686650
- author
- Linderfalk, Ulf LU
- organization
- publishing date
- 2009
- 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
- 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
- 2016-04-04 14:02:54
- date last changed
- 2022-10-12 13:10:17
@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}},
keywords = {{Public international law; Folkrätt}},
language = {{eng}},
pages = {{53--72}},
publisher = {{Brill}},
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}},
url = {{https://brill.com/view/journals/nord/78/1/article-p53_2.xml}},
volume = {{78}},
year = {{2009}},
}