The Concept of Unity in Public International Law

ISBN: 9781849460439 出版年：2012 页码：226 Mario Prost Bloomsbury Publishing

1 Introduction I. The roots of a postmodern anxiety II. From too little to too much law: mapping the fragmentation debate III. Towards an exploratory philosophy of unity IV. Outline of the book V. Some caveats and clarifications 2 Of Unity, Perspective and Perception: An Ontological Preamble I. From the simple to the complex: elementary unity and unity by composition II. In flesh and ideas: unity as interpretation III. Multi-causational unity IV. Unity and the laws of perspective V. Intermediate conclusions: unity, choice and ruse 3 Unity, Unification, Universality: A Terminological Disambiguation I. Unity and unification II. Unity and universality III. Intermediate conclusions - complexity on the global marketplace of law: the MOX Plant Dispute 4 Material Unity I. The 'no conflict' theory of unity II. The definition of 'norm conflict' in theory and practice III. Intermediate conclusions 5 Formal Unity I. Three conceptions of the legal order II. Taking Hart seriously: secondary rules, determinacy and acceptance III. Issues of determinacy: questioning the sources of international law IV. Issues of acceptance: the International Islamic Court of Justice and the Shari'a as the ultimate rule of recognition V. Intermediate conclusions 6 Cultural Unity I. International law as an intellectual and professional discipline II. The concept of legal culture III. The unity of international law as a cultural system IV. Intermediate conclusions: the invisible hand of legal culture 7 Logical Unity I. Epistemo-logical unity: Ah! In the hypothesis! II. Axio-logical unity III. Intermediate conclusions: the hesitant fettering of the thousand necks 8 General Conclusion: Unitas Multiplex I. Changing lenses: Tadic revisited II. Territorial battles and merchants of unity