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Fragmentation Of International Law: The Origin Of Normative Conflicts

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Chapter Summary

Fragmentation creates the challenge of conflicting norms. When investigating conflicts between legal norms of international law an important distinction has to be made between apparent conflicts and genuine conflicts. Conflicts can further be conceived of in a wider sense, as including not only conflicts of substantial law but of institutional arrangements and jurisdictions of courts and tribunals. This chapter concentrates on legally binding substantive norms and their normative content. In the area of climate change, a narrow conflict definition would be likely to overlook a number of potentially conflicting situations. The United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol require Parties to implement policies and measures in order to promote sustainable development. The permissive character of the norms of the Kyoto Protocol governing the use of economic mechanisms does not hinder the possibility of a conflict with world trade organization (WTO) norms.

Keywords: climate change; conflicting norms; international law; world trade organization (WTO) norms



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