Conceiving International Law’s Normative Order beyond the ‘Residual Negative Principle’

Melling, Graham (2018) Conceiving International Law’s Normative Order beyond the ‘Residual Negative Principle’. Nordic Journal of International Law, 87 (4). pp. 466-484. ISSN 1571-8107

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Abstract

Due to the nature of the international legal system the International Court of Justice (ICJ) is regularly presented with new questions about which international law is unclear or to which it does not yet extend – and is thereby incomplete. The approach of the ICJ when faced with such gaps raises some fundamental questions about the nature of the international legal system and the judicial function of the ICJ. The purpose of this article is to revisit and to critically evaluate the issue of how the ICJ responds when faced with a gap or lacuna in the law.

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