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Uncertainty in International Law: A Kelsenian Perspective
Hardcover
Series: Routledge Research in International Law
General LawInternational Relations
ISBN13: 9780415577847
Publisher: Routledge
Published: Jul 7 2010
Pages: 288
Weight: 1.33
Height: 0.69 Width: 6.14 Depth: 9.21
Language: English
Re-engaging with the 'pure' theory of law which was proposed by Hans Kelsen and developed by the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. The book considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological uncertainty which occurs, it is argued, where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties.
In viewing international law through the lens of Kelsen's theory Jörg Kammerhofer demonstrates the importance of legal theory for the study of international law and offers a critique of the recent trend towards pragmatism in international legal scholarship.
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