Structuring Legal Institutions

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    7 Citations (Scopus)

    Abstract

    The article is concerned with the question of how legal institutions are structured with the use of constitutive, institutive, consequential, and terminative rules. To that end, the regulation of international treaties as laid down in the Vienna Convention on the Law of Treaties of 1969 is analysed. This leads to the discovery of two additional categories of rules: content rules and invalidating rules. Finally, the special status of unique legal institutions is investigated. Unique legal institutions – for example, heads of state, parliaments, and supreme courts – enjoy validity in a legal system to the exclusion of the validity of any other legal institution of the same category in that system.
    Original languageEnglish
    Pages (from-to)215-232
    Number of pages18
    JournalLaw and philosophy
    Volume17
    Issue number3
    DOIs
    Publication statusPublished - 1998

    Keywords

    • Structure
    • Institution
    • Rule
    • Treaty
    • Regime
    • Unique legal institution
    • Validity

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