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The International Practice and the Evidence (a Brief Guide for Young Lawyers)

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Chapter Summary

This chapter examines only one aspect, albeit a decisive one, of legal practice in the field of public interest law (PIL). Because it is a normative science, PIL places the study of formal reality clearly above that of material reality. Legal practice commonly accepts the predominance of conceptual over theoretical analysis and calls for a nuanced use of legal concepts as useful tools with which to defend the client’s interests. Any methodological technique or procedure used in the analysis, description and systematisation of international legal institutions must always be considered within the context of the general epistemological principles of the scientific mode of inquiry. The fact is that the phenomenon of radicalisation of the codifying process, both universally and regionally, has gone a long way towards compensating epistemologically for the shortcomings habitual in the study of customary practice.

Keywords: customary practice; international legal institutions; legal practice; public interest law (PIL)



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