We first try to explain what the ‘implicit character’ of implicit exceptions in the legal domain amounts to. In order to do so, we will clarify the difference between the formulation of a legal norm and the legal norm itself. We will then distinguish between expressed (or explicit) norms; implicit norms; logically derived norms; and inferred norms. Thirdly, we will recall Alf Ross’ identification of three types of normative conflicts (or antinomies). These three sub- sections will help us develop a theoretical model that can explain the difference between explicit and implicit exceptions in the legal domain, which is later applied to some issues in international law, such as exceptions to peremptory norms, the analysis of art. 53 of the VCLT, and several kinds of defeasibility which can be found in the domain of international law.

Derogation and Defeasibility in International Law

Giovanni Battista Ratti
2020

Abstract

We first try to explain what the ‘implicit character’ of implicit exceptions in the legal domain amounts to. In order to do so, we will clarify the difference between the formulation of a legal norm and the legal norm itself. We will then distinguish between expressed (or explicit) norms; implicit norms; logically derived norms; and inferred norms. Thirdly, we will recall Alf Ross’ identification of three types of normative conflicts (or antinomies). These three sub- sections will help us develop a theoretical model that can explain the difference between explicit and implicit exceptions in the legal domain, which is later applied to some issues in international law, such as exceptions to peremptory norms, the analysis of art. 53 of the VCLT, and several kinds of defeasibility which can be found in the domain of international law.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11567/1017205
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