Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rdxmf Total loading time: 0 Render date: 2024-11-25T11:06:37.189Z Has data issue: false hasContentIssue false

5 - The Sources of Ius in Interregno

from Part II - Foundation and Actors of Transitional Governance * Sources of Ius in Interregno

Published online by Cambridge University Press:  10 September 2020

Get access

Summary

As to the sources of ius in interregno, both stable and evolving norms applicable to TG should be considered. Individual customary rules are germinating in relation to TG but not in isolation from the existing principles of self-determination and non-intervention. As to the evolving part of ius in interregno, TI may testify to the emergence of custom. Both domestic laws, unilateral declarations, intrastate agreements or international conventions can be taken into account. Socialisation explains why these and other instruments incorporate TG-relevant patterns. The effects of dominant discourse and mimesis entice a common (legal) culture accounting for both the (socialised) origin of, and (legal) compliance with, specific behavioural patterns. This fertile breeding ground also explains why such patterns are formalised through the adoption of TI, which may or may not be valid on the domestic plane: compliance with international law is expected regardless of how the transition was triggered.

Type
Chapter
Information
State Renaissance for Peace
Transitional Governance under International Law
, pp. 150 - 190
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×