Concepts for International Law
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Concepts for International Law

Contributions to Disciplinary Thought

Edited by Jean d’Aspremont and Sahib Singh

Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
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Chapter 2: Analogy

Fernando Lusa Bordin

Abstract

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.

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