Conceiving international law’s normative order beyond the ‘residual negative principle’

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Abstract

Due to the nature of the international legal system the International Court of Justice (ICJ) is regularly presented with new questions about which international law is unclear or to which it does not yet extend – and is thereby incomplete. The approach of the ICJ when faced with such gaps raises some fundamental questions about the nature of the international legal system and the judicial function of the ICJ. The purpose of this article is to revisit and to critically evaluate the issue of how the ICJ responds when faced with a gap or lacuna in the law.
Original languageEnglish
Pages (from-to)466-484
Number of pages18
JournalNordic Journal of International Law
Volume87
Issue number4
Early online date17 Nov 2018
DOIs
Publication statusPublished - Nov 2018
Externally publishedYes

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