...imagine it to be but does not reflect what CIL is “as a real-world sociological phenomenon.” Accurately understood, CIL is more unstable, fragmentary and disorderly than any rule
book would be. In the everyday practice of international law, she tells us, CIL “looks nothing like the rule
book conception.” It does not derive from intelligible and generally applicable secondary rules but instead emerges more organically, through an unstructured and “heterarchical” process in which the participants apply variable criteria to justify their normative positions in CIL. Its content is neither fixed nor...
06.07.20
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David Stewart
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