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9 - To Capture the World

Published online by Cambridge University Press:  03 November 2022

Tommaso Soave
Affiliation:
Central European University, Budapest
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Summary

This chapter describes how judicial bureaucrats characterize the state conduct or measure that gave rise to the proceedings. That characterization is a value-laden exercise whereby discrete aspects of reality are captured into the gravitational fields of the various courts and tribunals. In its normal course, state action is irreducibly pluralistic and does not lend itself to univocal labels: no domestic measure is ever only about ‘borders’, ‘investment’, or ‘human rights’. Yet, labels are necessary to attract the measure to the jurisdiction of this or that institution. The choice of the terms by which one describes state conduct determines the normative prism through which one looks at it, and reflects a struggle for appropriation among competing fora.

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The Everyday Makers of International Law
From Great Halls to Back Rooms
, pp. 174 - 184
Publisher: Cambridge University Press
Print publication year: 2022

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  • To Capture the World
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.010
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  • To Capture the World
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • To Capture the World
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.010
Available formats
×