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- Title
Operating International Law in a Global Context: Presentation of a Three Steps Method.
- Authors
BERGÉ, JEAN-SYLVESTRE; HELLERINGER, GENEVIÈVE
- Abstract
The operation of international law, in the variety of global legal situations, has its own dynamism. It cannot result from the mere application of a method or a legal solution at a given moment, in a predetermined space and on a predetermined level, by a duly identified actor. It must be grasped in one movement. In a single situation, several laws must sometimes be mobilised, alternatively, cumulatively, at the same time or at different moments, in one or several spaces or on one or several levels, by one or by multiple actors. This distinctive dynamic, which the lawyer must be conscious of when passing from one context -- national, international or European -- to another, has an influence over the law, its uses and, sometimes, its content. This article is a general presentation of a three steps method: comparison, combination and hierarchization of the operations of the law in the national, international and European contexts.
- Subjects
EUROPEAN Union countries; INTERNATIONAL law; LAW; EUROPEAN Court of Human Rights; LEGAL pluralism; EUROPEAN Union; METHODOLOGY
- Publication
Australian International Law Journal, 2014, Vol 21, Issue 1, p1
- ISSN
1325-5029
- Publication type
Article