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Two kinds of systemic consistency in international law
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1973-2937
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European journal of legal studies, 2023, Vol. 15, No. 1, pp. 65-83
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MARCOS, Henrique, Two kinds of systemic consistency in international law, European journal of legal studies, 2023, Vol. 15, No. 1, pp. 65-83 - https://hdl.handle.net/1814/75822
Abstract
The systemic view of international law has grown in popularity in recent decades. Even central authors who endorse the fragmentation of international law have recognised it as a legal system. Despite its popularity, however, some unresolved issues still obscure the systemic view. If international law is a system, does that mean it has no rule conflicts? Or is it that a system can handle these conflicts in a way that preserves legal consistency? In this respect, this article aims to contribute to a better understanding of international law as a legal system by rationally reconstructing the concept of consistency in international law. To make its argument, this research distinguishes rules from statements, as well as the consistency of rulesets (R-consistency) from the consistency of statement sets (S-consistency). With this differentiation, this article then explains how the internal logic of international law allows subjects to derive an S-consistent set of legal consequences even if the ruleset of international law is R-inconsistent.
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Published online: 01 September 2023