The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context - an Etat situe - and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible...
The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particu...