International law and normative unity
Table of Contents
- Introduction
- A legal system based on the concept of sovereignty
- International law as the expression of the sovereignty of states
- International law and sovereignty preservation
- The case of normative unity
- Competences and sovereignty
- Normative unity and ius cogens
- Conclusion
- Indicative bibliography
SummaryIn the Supreme Court of Canada's 1993 judgment in Hunt v. T & N Plc, Justice La Forest laid down the following goal to international law : "develop (...) co-ordination in the face of [the] diversity" of the international system. In other words, international law has to reconcile the protection of diverse state interests and sovereignty with the principle of normative unity. Otherwise, it would not be effective. If sovereignty were understood in too restrictive a sense, or to the contrary, if no respect was shown to their interest, there would be no way to compel states to abide by their promises.
Now, the very fact of laying down a goal to international law seems strange given the particular nature of international law. States being sovereign and independent, they can make the arrangements they like with each other with no regard for normative unity. Normative unity is the rule within states, where there is one law that is issued from top to bottom and applies universally to every citizen, but it is not the rule within an anarchic system such as the international system, where actors are not subordinate to any institution entitled to issue legislation from top to bottom.
Now, the very fact of laying down a goal to international law seems strange given the particular nature of international law. States being sovereign and independent, they can make the arrangements they like with each other with no regard for normative unity. Normative unity is the rule within states, where there is one law that is issued from top to bottom and applies universally to every citizen, but it is not the rule within an anarchic system such as the international system, where actors are not subordinate to any institution entitled to issue legislation from top to bottom.
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