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The Interpretation of Acts and Rules in Public International Law$
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Alexander Orakhelashvili

Print publication date: 2008

Print ISBN-13: 9780199546220

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199546220.001.0001

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Quasi-Normative Non-Law

Quasi-Normative Non-Law

(p.195) 8 Quasi-Normative Non-Law
The Interpretation of Acts and Rules in Public International Law

Alexander Orakhelashvili (Contributor Webpage)

Oxford University Press

This chapter is the first ever doctrinal consideration of quasi-normative non-law in systemic perspective. This study is limited to analysing the categories of quasi-normative non-law in terms of their ability to imitate the law, that is the degree of their normativity. The issues dealt with relate to margin of appreciation, necessity, proportionality, equity, ‘fair and equitable treatment’, and legitimate expectations. In examples of each of those categories, it is examined where they come from and how far their relevance goes.

Keywords:   margin of appreciation, necessity, proportionality, equity, fair and equitable treatment, legitimate expectations

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