TEORIA NIVELURILOR NORMATIVE. O ANALIZĂ A SISTEMULUI NORMATIV AL DREPTURILOR OMULUI LA NIVEL INTERNAȚIONAL
THE THEORY OF NORMATIVE LAYERING. AN ANALYSIS OF HUMAN RIGHTS WITHIN THE INTERNATIONAL LEGAL ORDER

Summary/Abstract: For XXIst century legal scholars, issues such are the normativity of international law no longer constitute a fundamental pillar of their analysis. Despite this, professors Martti Koskenniemi’s observations regarding the fragmentation of international law have yielded a fundamental shift of paradigm with regard to how we view certain issues such as competing jurisdictions, normative proliferation or norm creation. Taking the analysis on fragmentation further and based on empirical analysis of the international normative order, we propose a “theory of normative layering” as a new means of interpreting and understanding the contemporary international normative system.

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