State Interest and the Sources of International Law: Doctrine, Morality, and Non-Treaty Law

ISBN-13: 9780367590796 / Angielski / Miękka / 2020 / 225 str.

Markus P. Beham

Opis

 Doctrinal Illusion and State Interest takes a bigger picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of the legal system, merging the insights of legal philosophy and analytic theory, on the one hand, and sources doctrine, on the other. It will be of interest to re

Spis treści

List of Treaties

List of Cases

Permanent Court of International Justice

International Court of Justice

Arbitral Awards IX

European Court of Human Rights

International Criminal Tribunal for Yugoslavia

United Kingdom Cases

United States Cases

List of Documents

League of Nations

United Nations

International Labour Organization

European Union

United States

Miscellaneous

Foreword

Preface

Abbreviations

1 Introduction

A Do you Believe in International Law?

1 The Quest for the Status Quo

2 Methodology as Added Value

3 Pending Added Value

4 Immediate Goals

5 The Factual

6 The Abstract

B What if I Told You...

1 External Perspectives

2 The International College of Legal Illusionists

3 The "Is" and the "Ought"

C Customary International Law and "Customary International Law"

1 Formation

2 Two "Is"

3 Ensuring Effectivity

4 The Downward Spiral

5 State Interest

6 Reciprocity

7 Moral Concepts

D Case Studies

1 Human Rights

2 Use of Force

E Catch, Before the Fall

1 Controversy and Apology

2 "Legality" and "Morality"

3 "Dogmatik", not "Pedantic'

2 Non-Treaty Sources

A On the "Sources" of International Law

1 Article 38 of the Statute of the International Court of Justice

2 Acceptance and Reception in the Literature

3 Two or Three "Main" Sources?

B Customary International Law

1 Law of a Primitive Society

2 Theories on Custom

3 State Practice

4 Opinio Iuris

5 Paradoxes of the Two-Element Theory

6 Schrödinger's Custom

7 The Man on the Clapham Omnibus

8 Practice of the International Court of Justice

9. "Modern" Approaches to the Formation of Custom

10. Assessment

C General Principles of Law

1 Terminology

2 Identification

3 Excursus: "Civilized Nations"

4 Assessment

3 Morality and State Interest

A Defining Morality and Legality

1 Morality

2 Legality

3 Two Planes

4 Moral Concepts

B State Interest

1 States

2 Interest

3 Interests of States

4 Assessment

4 Doctrine and Indeterminacy

A Human Rights as Non-Treaty Law: Doctrine

1 Prelude: Human Rights and the United Nations

2 Human Rights as Customary International Law

3 Human Rights as

O autorze

Markus P. Beham is an Assistant Professor at the Chair of Constitutional and Administrative Law, Public International Law, European, and International Economic Law at the University of Passau, Germany.