A Study on Defeasibility and Defeaters in International Law: Process or Procedure Distinction against the Non-Discrimination Rule

Activity: Talk or presentation / Performance / Speeches › Talk or presentation - at conference › Academic

Description

This is a paper on legal logic and defeasibility in international law. It argues that exceptions to rules are defeaters to such rules. The paper does that by using the World Trade Organisation’s (WTO) case law on the rule of non-discrimination and exceptions grounded on process or procedure method (PPM) distinctions. By arguing that rules have defeaters, this paper indirectly claims that legal reasoning is defeasible. Further, this investigation also serves as a criticism of accounts of legal reasoning as syllogistic deductive reasoning.
Period5 Nov 2021
Event titleXI Brazilian Symposium on International Courts and Tribunals (XI Simpósio Brasileiro sobre Cortes e Tribunais Internacionais)
Event typeSymposium
LocationSão Paulo , BrazilShow on map
Degree of RecognitionInternational

Keywords

  • legal logic
  • defeasibility
  • international law
  • international courts