Consider the extent to which international law is law, or really law or law properly so-called with reference to legal and other theorists
Summary :
Table of Contents
- Introduction.
- Positivist views on international law.
- The rise and fall of the predominant paradigm.
- From Bentham's introduction to the principles of morals and legislation to H.L.A. Hart's the concept of law.
- Consequences of modernity on international law: The increasing haziness of discipline in theory and practice.
- Semantic attempts to frame the development of International law-related realities.
- A wide range of realities vs narrow definitions: A search for the happy medium.
- 'The Concept of Legalization' and other 'shades' of law: The end of the black and white era.
- Conclusion.
- Bibliography.
Abstract
Charlotte Ku and Paul F. Diehl noticed that at first sight, 'international' and 'law' sound contradictory: "how can one imagine a structured and developed legal system functioning in a political environment that is diffused, disparated, unregulated and conventionally described as anarchic?" Indeed, the 'instinctive' breaking down of the term tends to confirm that. In modern Western democracies, law is seen as a 'set' of legislatures, police and courts which create law, enforce it and punish those who violate it whereas 'international' is associated with the United Nations, the global level and economic, cultural and political differences. Is this impression of incompatibility justified? Can it be overcome? considering "the extent to which international law (IL) is law, or 'really law' or 'law properly-so-called'" requires, firstly, defining what is meant by international law, law, 'really law' and 'law properly-so-called'. Secondly, it calls for attempts to relate these terms to each other. Both stages entail a critical analysis of some prejudices and surface discrepancies. This is the purpose of this essay.
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