In Part II, I will illustrate the problem of conflict in international law by drawing on two cases in international trade law. I will then argue in Parts III and IV that legal conflict often represents a genuine normative conflict grounded in our multiple, incommensurable, and potentially conflicting moral commitments. In doing so, I will deflect potential skepticism about the reality of normative conflict in international law. Drawing from existing international legal practice, I will show in Part IV that we can resort to a substantial toolbox of rules and principles to reconcile legal norms that are in tension with one another. Finally, in Part V, I will evaluate the institutional implications of these normative tensions for international law.
Normative Conflict in International Law,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol46/iss4/9