000			03662cam a2200409 i 4500
001			on1006535405
003			TZ-ArACH
005			20210122154111.0
008			170531t20172017enka b 001 0 eng d
010			_a 2017944152
015			_aGBB7A6778 _2bnb
016	7		_a018395140 _2Uk
020			_a9780198808374 _q(hbk.)
020			_a0198808372 _q(hbk.)
029	1		_aUKMGB _b018395140
035			_a(OCoLC)1006535405
040			_aBTCTA _beng _erda _cDLC _dOCLCO _dMLL _dOCLCQ _dFML _dUKMGB
042			_alccopycat
049			_aTZAA
050	0	0	_aKZ3410 _b.J3595 2017
082	0	4	_a341 _223
100	1		_aJeutner, Valentin, _eauthor.
245	1	0	_aIrresolvable norm conflicts in international law : _bthe concept of a legal dilemma / _cValentin Jeutner.
250			_aFirst edition.
260			_aOxford, United Kingdom ; _aNew York, NY : _bOxford University Press, _c2017.
300			_axxii, 182 pages : _billustrations ; _c24 cm.
490	1		_aOxford monographs in international law
500			_aBased on doctoral thesis, University of Cambridge, 2015. --Page vii.
504			_aIncludes bibliographical references (pages 155-172) and index.
505	0		_aIntroduction -- The definition of a legal dilemma -- The possibility of a legal dilemma -- The decision of a legal dilemma -- Conclusion.
520			_a"Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distill their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness."--Publisher's website.
650		0	_aInternational law _xPhilosophy. _97403
650		0	_aArbitration (International law) _xPhilosophy.
650		7	_aInternational law _xPhilosophy. _2fast _97403
830		0	_aOxford monographs in international law.
942			_2lcc _cBOOK
999			_c6043 _d6043