The Function of Public International Law / by Jan Anne Vos.
2013
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Author
Title
The Function of Public International Law / by Jan Anne Vos.
Added Corporate Author
Edition
1st ed. 2013.
Imprint
The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press, 2013.
Description
X, 304 p. online resource
Formatted Contents Note
Introduction
Introduction to Part I
The Framework of Obligation and the Framework of Authorization in the Case of the S.S. "Lotus" and in Legality of the Threat or Use of Nuclear Weapons
The Framework of Obligation and the Framework of Authorization in General Theory of Law
The Framework of Obligation and the Framework of Authorization in Theory of Public International Law
Conclusion to Part I
Introduction to Part II
The Concept of General Principles of Law Situated within the Framework of Obligation and the Framework of Authorization
The Concept of Conventional International Law Situated within the Framework of Obligation and the Framework of Authorization
The Concept of Customary International Law Situated within the Framework of Obligation and the Framework of Authorization
Conclusion to Part II
Introduction to Part III
The Concept of International Institutions Situated within the Framework of Obligation and the Framework of Authorization
The Concept of Jus Cogens and the Concept of Obligation Erga Omnes Situated within the Framework of Obligation and the Framework of Authorization
Conclusion to Part III
Conclusion : The Concept of Public International Law as the Constituting of International Society Pursuant to Practical Reasoning.
Introduction to Part I
The Framework of Obligation and the Framework of Authorization in the Case of the S.S. "Lotus" and in Legality of the Threat or Use of Nuclear Weapons
The Framework of Obligation and the Framework of Authorization in General Theory of Law
The Framework of Obligation and the Framework of Authorization in Theory of Public International Law
Conclusion to Part I
Introduction to Part II
The Concept of General Principles of Law Situated within the Framework of Obligation and the Framework of Authorization
The Concept of Conventional International Law Situated within the Framework of Obligation and the Framework of Authorization
The Concept of Customary International Law Situated within the Framework of Obligation and the Framework of Authorization
Conclusion to Part II
Introduction to Part III
The Concept of International Institutions Situated within the Framework of Obligation and the Framework of Authorization
The Concept of Jus Cogens and the Concept of Obligation Erga Omnes Situated within the Framework of Obligation and the Framework of Authorization
Conclusion to Part III
Conclusion : The Concept of Public International Law as the Constituting of International Society Pursuant to Practical Reasoning.
Summary
This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions. Dr. Jan-Anne Vos wrote this book as a senior researcher at the T.M.C. Asser Instituut, The Hague, The Netherlands. .
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Language
English
ISBN
9789067048613
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