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In defence of relative normativity: communitarian values and the Nicaragua case

Abstract:

This article investigates, and attempts a preliminary adjudication of, the conflict between two conceptions of customary international law and the rival conceptions of international society they presuppose. The first conception of custom is of a positivistic variety and draws on a statist conception of international society. The other manifests a natural law orientation and finds its rationale in a communitarian account of that society. The first pair of conceptions will be examined in the ve...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted Manuscript

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Publisher copy:
10.1093/ojls/16.1.85

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Institution:
University of Glasgow
Department:
School of Law
Publisher:
Oxford University Press Publisher's website
Journal:
Oxford Journal of Legal Studies Journal website
Volume:
16
Issue:
1
Pages:
85-128
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
URN:
uuid:e5b54b1d-bedd-4d14-97df-6e42669db063
Local pid:
ora:1509

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