The Application of the Doctrine of Intertemporality in Contentious Proceedings.
ISBN:
978-3-428-18186-5
Verlag:
Duncker & Humblot
Land des Verlags:
Deutschland
Erscheinungsdatum:
24.03.2021
Reihe:
Schriften zum Völkerrecht
Format:
Softcover
Seitenanzahl:
112
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The doctrine of intertemporality prohibits the retroactive application of norms of international law in contentious proceedings and obliges the deciding court to positively ascertain the applicable historic rules. In situations in which the historic interaction between a European and a non-European entity needs to be litigated, problems arise. International law is lacking a universally recognised methodology, particularly regarding its unwritten rules. Also, the historic non-European peoples were often relied on oral tradition and did not produce any documentary evidence of their historic legal orders.
Historically, different regions of the world produced independent legal regimes. »Meta law« governing the interactions between entities of different regimes was non-existent since no regional order did claim global rule. Hence there were no rules governing the interactions between European and non-European entities.
The applicable historic law is presently ascertained by recourse to specific European phenomena. In contentious proceedings, this methodology leads to a situation of »différend« – a situation in which the method of solving the dispute already vindicates the position of one of the parties to the dispute.
Schlagwörter
Biografische Anmerkung
Having commenced his studies in Hamburg in 2007, Edward Martin has spent an exchange year in Paris I, Panthéon-Sorbonne in 2010, where he attended the specialization courses in international law. After returning to Germany, he attended the specialization course in International Law at the Humboldt University of Berlin from 2011-2012, where he also had the privilege of working as a student assistant at the chair of Prof. Dr Georg Nolte. After an internship at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Edward Martin returned to Hamburg, where he completed his first and second state examination.