Secondary Rules of Primary Importance in International Law

Abstract

Abstract The aim of this edited volume is to discuss the often-overlooked importance of secondary rules of international law. Secondary rules of international law, such as attribution, causality, and the standard and burden of proof, have been treated as stepchildren in scholarly literature and have seen fragmented application in international adjudication. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain, calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. The scope of the edited volume extends to questions of standard of review, causation, evidentiary rules, and attribution. It subjects these concepts to an in-depth doctrinal analysis by highlighting the divergent layers of meanings and normative contents attached to these notions in scholarship as well as in the case practice of international courts and tribunals. The aim of this volume is to clarify these concepts by canvassing the complexities of the secondary rules of international law thereby inviting further scholarly works on these matters and a more consistent application in international adjudication. This edited volume emphasizes the consequential nature of the secondary rules of international law and argues that the outcome of a litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators.