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

State Responsibility and the Primary-Secondary Rules Terminology – The Role of Language for an... <jats:sec><jats:title>Abstract</jats:title><jats:p>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.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

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

Linderfalk, Ulf
Nordic Journal of International Law , Volume 78 (1): 53 – Jan 1, 2009
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Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/157181009X397081
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>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.</jats:p> </jats:sec>

Journal

Nordic Journal of International Law – Brill

Published: Jan 1, 2009

Keywords: ILC ARTICLES ON RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS; LEGAL LANGUAGE; STATE RESPONSIBILITY; INTERNATIONAL LEGAL SYSTEM; PRIMARY AND SECONDARY RULES; REGULATIVE AND CONSTITUTIVE RULES

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