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Treaty interpretation and other tools for normative conflicts : applying the methodology to ICC Statute Conflicts
Thesis (LLD (Public Law))--University of Pretoria, 2021.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2022
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| _version_ | 1867613498981220352 |
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| access_status_str | Open Access |
| author2 | Tladi, Dire |
| author_browse | Tladi, Dire |
| author_facet | Tladi, Dire |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD (Public Law))--University of Pretoria, 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/86639 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:06.816Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/86639 Treaty interpretation and other tools for normative conflicts : applying the methodology to ICC Statute Conflicts Tladi, Dire linga.jr@gmail.com Linga, Ahmed UCTD International law International criminal law Special regimes Norms conflict Treaty interpretation Rome statute Law articles SDG-16 Law articles SDG-17 Thesis (LLD (Public Law))--University of Pretoria, 2021. On the facets of legal regimes, normative conflicts and the resulting legal fragmentation of international law, International Criminal Law (ICL) field has been analysed in the present study in order to determine whether this field is a type of special legal regime that can contribute to the international law‘s normative conflict. The study has specifically identified two indispensable international law tools for addressing an emerged normative conflict that involves the ICL statute rule and the customary international law rule. These tools are: a) the treaty interpretation rules prescribed by the Vienna Convention on the Law of Treaties 1969, and b) the rules‘ application technique viz. the legal principle of lex specialis derogat legi generali (translated in English as: special law prevails over general law). The potentiality of these tools has been elaborated in the study vis-à-vis the judicial addressing of normative conflicts whereas the controversial provisions of Article 27(2) and Article 98(1) of the Rome Statute of the International Criminal Court 1998 seem to contradict the customary rule on immunity. This normative conflict has been presumed in both the scholarly debates and legal contentions over the applicability of pre-existing state officials’ immunity before an international court with jurisdiction. To this end, the study has tested the hypothesis of whether the said conflict is typical, and whether the International Criminal Court‘s chambers have employed or ought to have employed the abovementioned legal tools in addressing such conflict. Supposedly, if a normative conflict becomes severe, it leads to a legal fragmentation problem. rz2025 Public Law LLD (Public Law) Unrestricted SDG-16: Peace, justice and strong institutions SDG-17: Partnerships for the goals 2022-08-02T08:38:35Z 2022-08-02T08:38:35Z 2022-09-08 2021 Thesis * https://repository.up.ac.za/handle/2263/86639 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD International law International criminal law Special regimes Norms conflict Treaty interpretation Rome statute Law articles SDG-16 Law articles SDG-17 Treaty interpretation and other tools for normative conflicts : applying the methodology to ICC Statute Conflicts |
| title | Treaty interpretation and other tools for normative conflicts : applying the methodology to ICC Statute Conflicts |
| title_full | Treaty interpretation and other tools for normative conflicts : applying the methodology to ICC Statute Conflicts |
| title_fullStr | Treaty interpretation and other tools for normative conflicts : applying the methodology to ICC Statute Conflicts |
| title_full_unstemmed | Treaty interpretation and other tools for normative conflicts : applying the methodology to ICC Statute Conflicts |
| title_short | Treaty interpretation and other tools for normative conflicts : applying the methodology to ICC Statute Conflicts |
| title_sort | treaty interpretation and other tools for normative conflicts applying the methodology to icc statute conflicts |
| topic | UCTD International law International criminal law Special regimes Norms conflict Treaty interpretation Rome statute Law articles SDG-16 Law articles SDG-17 |
| url | https://repository.up.ac.za/handle/2263/86639 |