Analogy Legal Method in International Law:Commentary on"The Analogy between States and International Organizations"of Dr.Fernando Lusa Bordin
The book"The Analogy between States and International Organizations"was published by the Cambridge University Press in 2018.It is the authoritative work of Fernando Lusa Bordin,a Ph.D.in law at the University of Cambridge,who studied the analogical legal method in international law.In this book,the author focuses on and discusses the analogy between the rules of states and international organizations in international law,and examines the analogy legal method in international law from a universal perspective,including its objects,scenarios,legitimacy,and operation mechanisms.Starting from the legitimacy of the domestic legal method of analogy,Dr.Bordin has investigated its feasibility in international law,which is a rather innovative idea.As for the operation mechanism of the analogy legal method in international law,Dr.Bordin has referred from Professor Scott Brewer's general process of analogy application in legal disciplines,namely:abduction,confirmation,and application.However,it should be noted that because the determination of analogy depends largely on the personal experience and knowledge structure of the user of analogy,in most cases it is judged on a case-by-case basis.Therefore,additional reflective adjustment of the analogy conclusion is needed to form a complete analogical operation mechanism.
International LawAnalogyLegal MethodInternational Law-makingInternational Justice
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