Reasoning by analogy is one of the techniques to which the legal profession turns to tackle the problems of uncertainty that every legal system poses. As a decentralized legal order which comprises neither a legislator nor a system of courts with compulsory jurisdiction, international law provides a fertile ground for the drawing of analogies. This contribution provides an overview of ways in which analogies have been used to shape international law, and of some of the resulting normative questions.
You are not authenticated to view the full text of this chapter or article.
Get access to the full article by using one of the access options below.