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International Law

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Ulf Linderfalk

Selected Works

Island of Palmas Arbitration

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Full-Text Articles in Law

The Application Of International Legal Norms Over Time: The Second Branch Of Intertemporal Law, Ulf Linderfalk Dec 2010

The Application Of International Legal Norms Over Time: The Second Branch Of Intertemporal Law, Ulf Linderfalk

Ulf Linderfalk

Intertemporal law governs the applicability of international legal norms ratione temporis. According to often used terminology, intertemporal law has two different branches. This article provides clarification of the so-called ‘second branch of intertemporal law’. It does so by refuting two commonly held assumptions. First, as established in section 2 of the article, the second branch of intertemporal law is not an exception to the first branch of that law. It cannot be, since both branches of intertemporal law centre on the same legal principle: an action or a factual state of affairs must be assessed in the light of the …