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2014 | OriginalPaper | Chapter
First Principles
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Chapter 5 adapts Osborne’s model of spiral hermeneutics to legal interpretation.723 It demonstrates how to use the “elements” to deduce transcendental lex specialis principles of international climate law. The resulting five transcendental principles are labelled equity, solidarity, precaution, sustainability and good-neighbourliness. Chapter 6 examines the “auxiliary” lex specialis principles.