San Diego Law Review Issue Search
| Volume | 46 |
|---|
| Month | November |
|---|
| Year | 2009 |
|---|
| Title | Normative Conflict in International Law |
|---|
| Author(s) | Carmen Pavel |
|---|
| First Page | 883 |
|---|
| Abstract | In Part II, I will illustrate the problem of conflict in international law by drawing on two cases in international trade law. I will then argue in Parts III and IV that legal conflict often represents a genuine normative conflict grounded in our multiple, incommensurable, and potentially conflicting moral commitments. In doing so, I will deflect potential skepticism about the reality of normative conflict in international law. Drawing from existing international legal practice, I will show in Part IV that we can resort to a substantial toolbox of rules and principles to reconcile legal norms that are in tension with one another. Finally, in Part V, I will evaluate the institutional implications of these normative tensions for international law. |
|---|
