The nature of international law / Miodrag A. Jovanović.

Format:

Book

Author/Creator:

Jovanović, Miodrag A., author.

Series:

ASIL studies in international legal theory.

ASIL studies in international legal theory

Language:

English

Subjects (All):

International law.

Physical Description:

1 online resource (xiii, 272 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2019.

Summary:

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.

Contents:

Introduction

International law as a subject matter of legal philosophy - a brief historical overview

In search of the nature of (international) law - methodological postulates

Typical features of (international) law

International law as a normative order

International law as an institutionalized and (coercively) guaranteed orde

Justice-aptness of international law

Fragmentation - a special feature of international law?

In lieu of a conclusion - a note on (un)certaint

Notes:

Title from publisher's bibliographic system (viewed on 26 Mar 2019).

Includes bibliographical references.

ISBN:

1-108-69882-4

1-108-63635-7

1-108-60806-X