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Journal articles on the topic 'International law theory'

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Published: 10 December 2022

Last updated: 28 January 2023

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1

Vylegzhanin, Alexander N. "International Law versus Piracy: Issues in Legal Theory." International Journal of Psychosocial Rehabilitation 24, no. 1 (January 31, 2020): 25–42. http://dx.doi.org/10.37200/ijpr/v24i1/pr200104.

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2

Goldsmith, Jack, and Stephen D. Krasner. "Sovereignty, International Relations Theory, and International Law." Stanford Law Review 52, no. 4 (April 2000): 959. http://dx.doi.org/10.2307/1229436.

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3

Carty, Anthony. "Critical International Law: Recent Trends in the Theory of International Law." European Journal of International Law 2, no. 1 (January 1, 1991): 66–96. http://dx.doi.org/10.1093/ejil/2.1.66.

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4

Joyner, Christopher C. "International Law Is, as International Relations Theory Does?" American Journal of International Law 100, no. 1 (January 2006): 248–58. http://dx.doi.org/10.2307/3518860.

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5

Carty, A. "Theory of /or Theory instead of/ International Law." European Journal of International Law 8, no. 1 (January 1, 1997): 181–91. http://dx.doi.org/10.1093/oxfordjournals.ejil.a015541.

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6

Cantú Rivera, Humberto. "KOLB, Robert, Theory of International Law." Anuario Mexicano de Derecho Internacional 1, no. 18 (February 27, 2018): 623. http://dx.doi.org/10.22201/iij.24487872e.2018.18.12116.

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7

Goldsmith, Jack L., and Eric A. Posner. "A Theory of Customary International Law." University of Chicago Law Review 66, no. 4 (1999): 1113. http://dx.doi.org/10.2307/1600364.

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8

Hoffmann, Stanley, and Lea Brilmayer. "Applying Political Theory to International Law." Yale Law Journal 99, no. 7 (May 1990): 1707. http://dx.doi.org/10.2307/796658.

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9

GUO, Y. "International Humanitarian Law: Theory, Practice, Context." Chinese Journal of International Law 13, no. 2 (June 1, 2014): 465–68. http://dx.doi.org/10.1093/chinesejil/jmu016.

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10

Slaughter, Anne-Marie. "A Liberal Theory of International Law." Proceedings of the ASIL Annual Meeting 94 (2000): 240–49. http://dx.doi.org/10.1017/s0272503700055919.

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11

McWhinney, Edward. "Contemporary U.S. Theory of International Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 26 (1989): 281–95. http://dx.doi.org/10.1017/s0069005800003532.

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My retrospective study, published in the twenty-fifth anniversary volume of this Yearbook, attempted a critical survey of post-war Soviet general theory of international law, and noted the signs of an intellectual changing of the guard and the emergence of a new generation of Soviet international legal theorists. Is it possible today to speak of a post-war U.S. general theory of international law, and, if so, can we speak of a generational change, in the late 1980's, similar to that in the Soviet Union?

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12

Warburton, Christopher E. S. "International trade law and trade theory." Journal of International Trade Law and Policy 9, no. 1 (March 30, 2010): 64–82. http://dx.doi.org/10.1108/14770021011029618.

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13

Teson, Fernando R. "The Kantian Theory of International Law." Columbia Law Review 92, no. 1 (January 1992): 53. http://dx.doi.org/10.2307/1123025.

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14

Carty, Anthony. "Marxist International Law Theory as Hegelianism." International Studies Review 10, no. 1 (March 2008): 122–25. http://dx.doi.org/10.1111/j.1468-2486.2008.00758.x.

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15

Tesón, Fernando R. "The Rawlsian Theory of International Law." Ethics & International Affairs 9 (March 1995): 79–99. http://dx.doi.org/10.1111/j.1747-7093.1995.tb00172.x.

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Tesón critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations. Tesón first summarizes Rawls' theory and then presents a critique. With this essay, Rawls joins an already vigorous scholarly reaction against traditional state-centered models of international law and relations. When measured against such models, Rawls' theory of international law moves in the right direction in assigning a role, albeit a modest one, to human rights and political legitimacy. However, to the extent that Rawls' effort purports to be a rational reconstruction of international law for our new era (as he certainly intends it to be), it fails to capture central moral features of the international order. His proposal is still too forgiving of serious forms of oppression in the name of liberal tolerance. The theory thus falls short of matching the considered moral judgments prevailing in today's international community. Moreover, it fails Rawls' own test of epistemic adequacy.

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16

BRATKO, I. "International development law: issues of theory." INFORMATION AND LAW, no. 2(5) (May 28, 2012): 33–38. http://dx.doi.org/10.37750/2616-6798.2012.2(5).271852.

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17

Ghaleigh, Navraj Singh. "Thoughts on ‘Theory’, International Law and Environmental Law Scholarship." Journal of Environmental Law 30, no. 3 (October 23, 2018): 543–55. http://dx.doi.org/10.1093/jel/eqy023.

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18

Burley, Anne-Marie Slaughter. "International Law and International Relations Theory: A Dual Agenda." American Journal of International Law 87, no. 2 (April 1993): 205–39. http://dx.doi.org/10.2307/2203817.

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Writing in 1968 on the “relevance of international law,” Richard Falk described his efforts as part of the larger endeavor of “liberating the discipline of international law from a sense of its own futility.” In 1992 that task appears to have been accomplished. International legal rules, procedures and organizations are more visible and arguably more effective than at any time since 1945. If the United Nations cannot accomplish everything, it once again represents a significant repository of hopes for a better world. And even as its current failures are tabulated, from Yugoslavia to the early weeks and then months of the Somali famine, the almost-universal response is to find ways to strengthen it. The resurgence of rules and procedures in the service of an organized international order is the legacy of all wars, hot or cold.

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19

Fernández Liesa, Carlos R. "Questions on Theory of Law in International Human Rights Law." Age of Human Rights Journal, no. 15 (December 15, 2020): 1–25. http://dx.doi.org/10.17561/tahrj.v15.5838.

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The objective of this paper is to examine some specific question on the theory of law in international human rights law. International human rights law has played an important role in the evolution of International law. There are different ways of approaching and understanding International law, different schools and certain central theoretical questions. This paper tackles theoretical questions within international law in the light of International law of human rights, such as the questions of hierarchy, unity, coherence, structure, time, power, justice and legitimacy. Furthermore, analyse theoretical horizons, like the question evolution/revolution, progression/regression, justiciability, sustainability and efficacity.

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20

D’Amato, Anthony. "Groundwork for International Law." American Journal of International Law 108, no. 4 (October 2014): 650–79. http://dx.doi.org/10.5305/amerjintelaw.108.4.0650.

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International law is a system; its environment is the field of international relations. Although the word system is often used generically, it has a formal meaning in “general systems theory,” an interdisciplinary methodology that grew out of cybernetics research in the 1970S. Since then, general systems theory has proved to be a significant heuristic in hundreds of disparate research areas. In describing international law from the viewpoint of an autopoietic system (to be defined shortly), this article intends not just to reexamine the foundations of international law but also to help litigators and negotiators make their international-law arguments sounder and more persuasive.

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21

Fisher, Kirsten J. "Research Note: Rawls Revisited: Can International Criminal Law Exist?" Canadian Journal of Political Science 39, no. 2 (June 2006): 407–20. http://dx.doi.org/10.1017/s0008423906060136.

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Abstract. Questions concerning how Rawls's theory of justice accords with international criminal justice are largely ignored in favour of extensive debates on questions of distributive justice and how they relate to his theory and its international application. This lack of attention to international criminal law is significant since Rawls claims that his theory of justice is developed to correspond with recent dramatic shifts in international law. This paper argues that it is impossible for Rawls's account, state-centric as it is, to accord with advancements in international law that have increasingly asserted recognition of individuals in the global context.Résumé. Les questions concernant comment la théorie de justice de Rawls est en accord avec la justice criminelle internationale sont en grande partie ignorée, même pendant qu'en même temps sa théorie et son application internationale sont profondement discutée par rapport à la justice distributive. Ce manque d'attention à la loi criminelle internationale est important, puisque Rawls prétende que sa théorie de justice est développée en correspondance avec les récents changements dramatiques au niveau de la loi internationale. Cette exposé argumente qu'il est impossible que l'explication de Rawls, état-centré comme elle l'est, s'accorde avec les avancements en la loi internationale qui affirment de plus en plus la reconnaissance des individus dans le contexte global.

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22

Paulus, Andreas L. "International Law After Postmodernism: Towards Renewal or Decline of International Law?" Leiden Journal of International Law 14, no. 4 (December 2001): 727–55. http://dx.doi.org/10.1017/s092215650100036x.

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Along with “globalization” and ideas of a “new world order”, the last 20 years have witnessed the emergence of an (anti-)foundational critique of international law which may be associated with the postmodernist turn of philosophy. In addition, globalization has questioned some of the basic assumptions of international law, especially the primordial role of states. The article analyses several answers postmodern international legal theory has given to the challenges for international law – despair, politicization, history, subjectivism(s), democratic experimentalism, and a return to positivism. It argues that postmodern theory fails to provide a concept for the future of international law but that this is exactly what is needed to save international law from politics and irrelevance. The author comes to the conclusion that a “middle-of-the-road”-approach steering a course between positivist objectivism and the subjective responsibility of the lawyer might be the most promising avenue for the future of international law. Wer mir Dekonstruktion ans Herz legt, und auf Differenz besteht, steht am Anfang eines Gesprächs, nicht an seinem Ziele.Hans-Georg Gadamer

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23

Jovanovic, Milos. "The just war theory and international law." Medjunarodni problemi 59, no. 2-3 (2007): 243–65. http://dx.doi.org/10.2298/medjp0703243j.

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The paper provides a detailed overview of the existing relationship between the just war theory and international law. It stresses the fact that the two concepts were historically incompatible. The just war theory falls within ethics and appeals to superior principles that were not in accordance with the positivist law theory and the concept of sovereignty upon which public international law was founded. That incompatibility may at first seem as a paradox since the two concepts should be derived from a common base: the idea of justice. Further development of international law has clearly proved that law cannot be separated from the idea of justice and that is, to some extent, closely linked to some elements of natural law. The author concludes that in the domain of the use of force contemporary international law provides a legal frame, which is in accordance with the precepts of the just war theory.

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24

Guzman, Andrew T. "A Compliance-Based Theory of International Law." California Law Review 90, no. 6 (December 2002): 1823. http://dx.doi.org/10.2307/3481436.

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25

Johnston, Douglas M. "Functionalism in the Theory of International Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 26 (1989): 3–60. http://dx.doi.org/10.1017/s006900580000343x.

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26

Govedarica, Jelena. "Grotius’ theory of natural law." Filozofija i drustvo 26, no. 2 (2015): 436–57. http://dx.doi.org/10.2298/fid1502436g.

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After analyzing Grotius? formulation of the state of nature and natural law, social contract and international law, the author places emphasis on two insights. First, that a certain heuristic principle plays a central role in Grotius? argument - the analogy between individuals and states in the state of nature. Second, his firm belief that within the international framework the protection of natural law of people and communities comes before respect for state sovereignty. The author will argue that morally unacceptable implications of these characteristics of Grotius? theory, when we take into account the way in which he defines the rights of punishment and property, are in fact legitimation of interventionism and colonialism. The author will also argue that Grotius initiated an influential tradition in international law, characterized by a lack of clear boundaries between legal and moral norms.

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27

Lepard, Brian D. "Towards a Normative Theory of Customary International Law as Law." Proceedings of the ASIL Annual Meeting 103 (2009): 379–82. http://dx.doi.org/10.1017/s0272503700034601.

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28

Cox, David, and Andrew O'neil. "The unhappy marriage between international relations theory and international law." Global Change, Peace & Security 20, no. 2 (June 2008): 201–15. http://dx.doi.org/10.1080/14781150802079763.

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29

van Aaken, Anne. "Experimental Insights for International Legal Theory." European Journal of International Law 30, no. 4 (November 2019): 1237–62. http://dx.doi.org/10.1093/ejil/chaa009.

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Abstract Insights from experimental psychology and economics have rarely been applied to the study of international law and never to the study of international legal theory. This article applies them to socio-legal international theory that has grosso modo two important background paradigms with several variants: rationalist and constructivist. In both paradigms, the interest in understanding and explaining international law by uncovering causal mechanisms in international cooperation and compliance and in asking how cooperation is sustained in a system as decentralized as international law is paramount. In both, fundamental assumptions regarding the behaviour of actors are made. However, regardless of the theoretical standpoint, both fall short of experimental evidence about their behavioural assumptions. The article uses experimental evidence provided by public good games as a conceptualization of how social order is constructed and upheld in systems without central authority such as international law. It aims to illuminate the behavioural basis of important building blocks of international cooperation and law by discussing the preferences of states and strategic interaction, reciprocity, sanctions, communication and trust as well as consent and legitimacy, reflecting on what the experimental insights teach us on the assumptions of rationalist and constructivist approaches to international legal theory. These experiments are one means to test behavioural assumptions in international legal theory.

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30

Kostenko, N. I. "International Information Security in the Framework of International Law (Methodology, Theory)." Russian Journal of Legal Studies 5, no. 4 (December 15, 2018): 9–16. http://dx.doi.org/10.17816/rjls18438.

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The aim of the study is to form basic approaches to formation and development of the law of international information security. The relevance of such an analysis is provided by the analysis of the legal nature of international information security. Examines the information component, which is an important component of international and national security. Explores the international information security management issues within the framework of the law of international law and of international information security in particular. Examines the problem of ensuring international information security on the improvement of the legal system of international information security. Analyses the legal nature of international information security in modern conditions. Explores approaches to the subject of education newly emerging branch of international law: the right of international information security. The work involves scientific and private scientific research methods, including analysis, synthesis, deductive, inductive, systematic methods, normative-logical method and other methods of cognition. In an article in a special way the role of information security at the international level and of ensuring international information security actors are the State, its bodies, legal entities and natural persons, who are required to carry out its activities in a specified direction. The novelty of the study is: firstly, the international information security is aimed at forming and ensuring international information security legal regime on the basis of the universally recognized principles and norms of international law and international treaties; secondly, international legal principles and norms regulating the legal status of the information space, usage of public persons, belong to the branch of international law: the right of international information security; thirdly, under the international information security understand global information system security from threats of «triad»- terrorist, kiberprestupnye and politico-military (under military-political threats means information warfare and information confrontation). Fourthly, the international information security is governed by universally recognized principles and norms of international law, international treaties of the Russian Federation and.

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31

Heffes, Ezequiel. "Some Reflections on the Theory of Sources of International Law: Re-examining Customary International Law." Israel Law Review 51, no. 3 (July 5, 2018): 485–502. http://dx.doi.org/10.1017/s0021223718000031.

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This review explores certain challenges related to the notion of customary international law. It seems that it was a long time ago when international law academics and practitioners ever thought that the nature of this source was a well-settled topic. Nowadays international lawmaking processes involve an extraordinary number of interactions, taking place both formally and informally. Such complex features are reflected by an exponential increase in the scholarly study of international legal sources. The legal nature, its applicability and principles regulating customary international law are addressed in the book under review (Brian D Lepard (ed), Reexamining Customary International Law (Cambridge University Press 2017)) through several topical essays. The chapters offer a comprehensive analysis of these lawmaking processes and the challenges they portray from various perspectives and in various fields, such as: What is customary international law and why is it law? Is it law because it reflects a ‘global legislative’ model? What is the current value of the persistent objector theory? Is the two-element definition of customary international law still applicable? By meticulously addressing these and other inquiries, the book presents novel arguments and represents a stimulating addition to the literature on sources of international law.

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32

Slaughter, Anne-Marie, Andrew S. Tulumello, and Stepan Wood. "International Law and International Relations Theory: A New Generation of Interdisciplinary Scholarship." American Journal of International Law 92, no. 3 (July 1998): 367–97. http://dx.doi.org/10.2307/2997914.

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Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law. He went as far as to call for a “joint discipline” that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda for joint research. Since then, political scientists and international lawyers have been reading and drawing on one another’s work with increasing frequency and for a wide range of purposes. Explicitly interdisciplinary articles have won the Francis Deák Prize, awarded for the best work by a younger scholar in this Journal, for the past two years running; the publication of an interdisciplinary analysis of treaty law in the Harvard International Law Journal prompted a lively exchange on the need to pay attention to legal as well as political details; and the Hague Academy of International Law has scheduled a short course on international law and international relations for its millennial lectures in the year 2000. Further, the American Society of International Law and the Academic Council on the United Nations System sponsor joint summer workshops explicidy designed to bring young IR and IL scholars together to explore the overlap between their disciplines.

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33

Marks, S. "International Judicial Activism and the Commodity-Form Theory of International Law." European Journal of International Law 18, no. 1 (February 1, 2007): 199–211. http://dx.doi.org/10.1093/ejil/chm002.

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34

SAAB, ANNE. "An International Law Approach to Food Regime Theory." Leiden Journal of International Law 31, no. 2 (February 26, 2018): 251–65. http://dx.doi.org/10.1017/s0922156518000122.

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AbstractHunger and food insecurity are viewed as global problems, requiring global responses. Even though there is no distinct field of ‘international food law’, many areas of international law in some way deal with issues related to global hunger and food insecurity. Hunger and food insecurity are immensely complex problems that cannot possibly be understood and addressed through an inherently limited disciplinary perspective. This article argues that food regime theory – an analytical tool developed and used mostly in the field of sociology – can provide a useful means through which to better lay bare the role of international law in constituting global food relations. If international lawyers are serious about contributing to reducing global hunger and realizing food security, it is imperative to situate international law and its specialized fields within the broader political economy of food.

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35

D’Amato, Anthony. "Trashing Customary International Law." American Journal of International Law 81, no. 1 (January 1987): 101–5. http://dx.doi.org/10.2307/2202136.

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Central to the World Court’s mission is the determination of international custom “as evidence of a general practice accepted as law.” Students of the Court’s jurisprudence have long been aware that the Court has been better at applying customary law than defining it. Yet until Nicaragua v. United States, little harm was done. For in the sharply contested cases prior to Nicaragua, the Court managed to elicit commonalities in argumentative structure that gravitated its rulings toward the customary norms implicit in state practice. The Court’s lack of theoretical explicitness simply meant that a career opportunity arose for some observers like me to attempt to supply the missing theory of custom.

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36

Skrypniuk, Oleksandr. "The Academic School of International Law in Ukraine: Theory and International Legal Activities." Diplomatic Ukraine, no. XX (2019): 758–67. http://dx.doi.org/10.37837/2707-7683-2019-50.

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The article is devoted to the analysis of the formation and development of academic research in the field of international law at Koretskyi Institute of State and Law. Organizational origins of international law started with the creation of the state and legal sector in the system of the National Academy of Sciences of Ukraine in 1949. Special attention is paid to the role of the outstanding student of international law in the creation of the Institute of State and Law, organization and implementation of legal research, in particular in the field of international law and the formation of the relevant scientific school. The objective development of international law in the second half of the 20th century was conditioned by the necessity of ensuring the international legal activity of Ukraine in the international arena, as one of the founding members of the United Nations. At this stage, the efforts of Koretsky and his associates were directed at the theoretical substantiation of the international legal standing of Ukraine, the study of the problems of the codification of international law, its sources, and the relationship to the internal law of states. The results of fundamental research in the field of international law contributed to the recognition of Ukrainian scholars to international legal science. Koretsky was recognized as one of the world’s leading figures and attracted by the international community to practical international legal activities in specialized United Nations bodies. He entered history as one of the founders of the Universal Declaration of Human Rights. In the 1950s and 1960s, the development of Ukrainian international law was characterized by the active formation of its scientific school, the most prominent representatives of which were M. Mikhailovsky, N. Ulyanov, V. Sapozhnikov, etc. Their research has laid the foundation of the modern school of international law. The article analyzes their main works and theoretical positions that have become the patrimony of international legal science. During the 1970s and 1980s, the development of international legal science in Ukraine were characterized by the growth of its scientific potential, personnel growth of the school, expansion of the range of research. Since 1984, the position of Head of the Department of International Law and Comparative Law of the Institute has been held by V. Denisov, who ensured the organizational and methodological framework for studying relevant problems of international law. With the proclamation of Ukraine’s independence, the main tasks of the national science of international law are aimed at studying the problems of the implementation of the sovereignty of Ukraine. Over the past three decades, the results of research by scientists of international lawyers of the Institute have become dozens of individual and collective monographs that identified the main trends in the development of science of international law at the present stage. Today, the scientific school of international law is represented by such doctors of law as V. Denysov, V. Akulenko, O. Kresin and candidates of jurisprudence O. Didkivska, O. Pereverzeva, I. Protsenko, K. Savchuk, A. Smolii, M. Surzhinskyi, L. Falaleyev. A special attention in the article is devoted to the analysis of organizational and scientific activities of the directors of Koretskyi Institute, namely academicians B. Babiy and Yu. Shemshuchenko. Keywords: international law, school of international law, Institute of State and Law, scientific researches, international legal activity, stages of development of the school of international law.

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37

Thomas, Christopher Alexander. "“GLOBALISING SOVEREIGNTY”? PETTIT'S NEO-REPUBLICANISM, INTERNATIONAL LAW, AND INTERNATIONAL INSTITUTIONS." Cambridge Law Journal 74, no. 3 (August 28, 2015): 568–91. http://dx.doi.org/10.1017/s0008197315000707.

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AbstractThis article explores Philip Pettit's recent attempts to extend his republican theory of justice and legitimacy to the international sphere in accordance with his ideal of “globalised sovereignty”, with a specific focus on his treatment of international law and institutions. It uses the practice of international law and institutions, with examples largely drawn from international economic law, to test the assumptions built into Pettit's theory. It then considers whether and how some of those assumptions might need to be revised in light of the legal, institutional, and practical constraints of the international domain.

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38

정경수. "A Feminist Theory and Practice in International Law." KOOKMIN LAW REVIEW 25, no. 3 (February 2013): 237–70. http://dx.doi.org/10.17251/legal.2013.25.3.237.

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39

Sayapin, S. V. "International Law in Central Asia: Theory and Practice." Law and State, no. 2 (2022): 31–54. http://dx.doi.org/10.51634/2307-5201_2022_2_31.

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40

Scobbie, Iain. "Jurisphilia/Jurisphobia: U.S. Approaches to International Law Theory." Proceedings of the ASIL Annual Meeting 100 (2006): 166–69. http://dx.doi.org/10.1017/s0272503700024204.

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41

Kemmerer, Alexandra. "Towards Perfection? History and Theory of International Law." Proceedings of the ASIL Annual Meeting 102 (2008): 448–50. http://dx.doi.org/10.1017/s0272503700028184.

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42

Allhoff, Fritz, and K. Potts. "Medical immunity, international law and just war theory." Journal of the Royal Army Medical Corps 165, no. 4 (October 16, 2018): 256–65. http://dx.doi.org/10.1136/jramc-2018-001020.

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Under customary international law, the First Geneva Convention and Additional Protocol I, medical personnel are protected against intentional attack. In § 1 of this paper, we survey these legal norms and situate them within the broader international humanitarian law framework. In § 2, we explore the historical and philosophical basis of medical immunity, both of which have been underexplored in the academic literature. In § 3, we analyse these norms as applied to an attack in Afghanistan (2015) by the United States; the United States was attempting to target a Taliban command-and-control centre but inadvertently destroyed a Médecins Sans Frontières hospital instead, killing 42 people. In § 4, we consider forfeiture of medical immunity and, more sceptically, whether supreme emergency could justify infringement of non-forfeited protected status.

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43

Goldsmith, Jack L., and Eric A. Posner. "Notes toward a Theory of Customary International Law." Proceedings of the ASIL Annual Meeting 92 (1998): 53–57. http://dx.doi.org/10.1017/s0272503700057530.

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44

Saito, Natsu Taylor. "Critical Race Theory as International Human Rights Law." Proceedings of the ASIL Annual Meeting 93 (1999): 228. http://dx.doi.org/10.1017/s0272503700067604.

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45

Kraevsky, Arseny A. "Validity and efficacy of international law according to the pure theory of law." Vestnik of Saint Petersburg University. Law 12, no. 1 (2021): 184–204. http://dx.doi.org/10.21638/spbu14.2021.113.

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At the beginning of its development, the science of international law was inextricably linked to the doctrine of natural law. The latter was seen as the basis of international law. The very problem of the foundations of international law became acute in the 19th century, when the prevailing legal positivism abandoned the idea of natural law. All proposed solutions were based on the idea of self-obligation of sovereign states. Some of them questioned the very existence of international law, while others required the introduction of explicit fictions. In an attempt to solve this problem, the pure theory of law developed by Hans Kelsen and his students proposed a theory of a hierarchical structure of international and domestic law. The relationship between the levels of the normative system is based on the empowering norms, which transfer the property of legal validity to the lower norms created on their basis. The concept of validity corresponds to the concept of efficacy of the norm. The interrelation of validity and efficacy of legal norms in international law differs significantly from their interrelation in domestic law; the study of this relationship in Kelsen’s theory was the main purpose of this study. The structure of international law according to Kelsen is a pyramid, the highest level of which is customary international law, based on the basic norm of international law that establishes the binding force of international custom. In this case, from the point of view of the pure theory of law, a special role in international law is played by the principle of effectiveness — recognition of the existing factual state of affairs as legitimate. The greater importance of this principle in international law is explained by the absence of a centralized system of coercion in the latter because decentralized legal order does not allow the application of organized sanctions in instances of violation of international legal norms.

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Sujatmoko, Andrey. "STATE RESPONSIBILITY AND VICTIM’S REPARATIONS IN INDONESIA: THEORY OF LAW PERSPECTIVE." terAs Law Review : Jurnal Hukum Humaniter dan HAM 1, no. 1 (December 17, 2019): 1–27. http://dx.doi.org/10.25105/teras-lrev.v1i1.5993.

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Gross human rights violations are an internationally wrongful act which entails responsibility to the wrongdoer state to conduct reparations. Based on the principle of state responsibility, the said obligation appears because thr wrongdoer state has already breached an international obligation under international law. Indonesia still has the past gross human rights violations cases that were not settled yet, including the reparations issue of its victims. This article will analyse state responsibility theory, lawstate theory, and development law theory as the theory of law to explain legal obligation of state to conduct reparations toward the victims of the said violations.

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Kelly, J. Patrick. "Revolution by Customary International Law?" AJIL Unbound 112 (2018): 297–302. http://dx.doi.org/10.1017/aju.2018.81.

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B.S. Chimni's Customary International Law: A Third World Perspective announces a provocative normative approach to customary international law (CIL) designed to develop progressive norms by deemphasizing state practice and promoting deliberative reasoning as the basis for opinio juris rather than the general acceptance of states. Many of his historical concerns are compelling: the unfairness and dubious validity of the persistent objector principle, the lack of access and attention to non-European state practice, and the questionable legitimacy of CIL norms developed without the participation of a majority of states or their consent. While Chimni makes a compelling case for the problematic origins of much of CIL, his approach to reform raises serious legitimacy and practical questions that undermine the viability of his proposed solution. Problems such as extreme poverty, environmental degradation, and nuclear weapons are best resolved through democratic political institutions rather than weak and undemocratic international tribunals. I will analyze Chimni's approach first as a theory of customary law and then as a theory of the role of international tribunals. Finally, I will raise concerns about his normative goals.

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de la Rasilla Y del Moral, Ignacio. "Introduction - Ruptures in International Law." German Law Journal 13, no. 5 (May 2012): 466–67. http://dx.doi.org/10.1017/s2071832200020599.

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The papers gathered under this special issue draw on presentations from the International Legal Theory Workshop under the auspices of the 4th Conference of the European Society of International Law, which was held at Cambridge University in September 2010. The essays cover some key developments in international law since the fall of the Berlin Wall. In the pages that follow, you will find an examination of the rise of the notion of ‘harmonious society’ in China as well as an insightful analysis of how this concept can influence international law; a detailed study of the regime of responsibility of international organizations that has gained momentum in the wake of the proliferation of international organization since 1989; a proposal for a fiduciary theory of international human rights, conceived as an alternative model to post-9/11, interest-balancing approaches in the field of national security law; and a reflection on the endurance of the notion of rogue states and state-criminalizing approaches to international relations, beyond the confines of the Bush doctrine. These essays are started off by two papers that address, from different angles, the current state of theorizing of international law.

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Vršanský, Peter, and Daniel Bednár. "Cyber security and the international law." Bratislava Law Review 1, no. 2 (December 31, 2017): 38–49. http://dx.doi.org/10.46282/blr.2017.1.2.74.

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Maulana, Mursal. "BOOK REVIEW: HOW INTERNATIONAL LAW WORK A RATIONAL CHOICE THEORY." Padjadjaran Journal of International Law 1, no. 1 (January 12, 2017): 113–17. http://dx.doi.org/10.23920/pjil.v1i1.280.

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Does international law affect state behavior?. Why would states pay any attention to international law in the absence of coercive enforcement mechanism?. What do we mean when we say international law is “binding”, given that states can almost always to violate it?. These intriguing and philosophical questions raised by the author to make sure that we had grasped at least one answer. If not, we were failed to understand the nature of international law. These question also remains us about traditional debate between proponent and opponent of international law such as Hobbes, Spinoza and Austin. But, in the 21st Century we are not debating or neglecting the existence of international law anymore.Written by Andrew T. Guzman who is recently serving as dean of The University of Southern California Gould School of Law (USC Gould), this book develops a persuasive explanation of why and when international law works by using rational choice perspective. Although previously there are some authors focusing their study on this topic such as Professor Abraham Chayes and Antonia Handler Chayes in their book “The New Sovereignty: Compliance with International Regulatory Agreement” which uses managerial approach in describing the compliance of international law and Professor Thomas Franck in his book “Fairness in International Law and Institution” which explains why states comply with international law by introducing fairness approach, this book offers better perspective in understanding international law in contemporary development by proposing “Rational Choice Theory”. The theory then is developed into “Three Rs of Compliance” (Reputation, Reciprocity and Retaliation). The book tries to explain how international law is able to affect state behavior despite a lack of coercive enforcement mechanism.

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