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Uncertainty in the Formal Sources of International Law: Customary International Law and Some of its Problems
Uncertainty abounds in international law and customary international law is no exception. This article seeks to delineate this uncertainty and explain its causes. Not only is there uncertaintyExpand
The Armed Activities Case and Non-state Actors in Self-Defence Law
In the Armed Activities on the Territory of the Congo case the International Court of Justice has – for the first time in its history – found a state to have violated the prohibition of the use ofExpand
International Legal Positivism in a Post-Modern World: Contributors
International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice ofExpand
Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law
Abstract Hans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law.Expand
Uncertainty in International Law: A Kelsenian Perspective
1. Introduction 2. Self-Defence under the United Nations Charter 3. Customary International Law 4. Interpretation and Modification 5. Conflict of Norms in International Law 6. A Constitution forExpand
Introduction: The Future of International Legal Positivism
This paper is the introductory chapter of an edited volume, entitled 'International Legal Positivism in a Post-Modern World', to be published by Cambridge University Press in early 2014.The core ideaExpand
Hans Kelsen in Today's International Legal Scholarship
Can we call Hans Kelsen’s Pure Theory of Law an example - or even the epitome - of post-modern international legal positivism? The Pure Theory of Law’s radical programme rivals that of many otherExpand
The Benefits of the Pure Theory of Law for International Lawyers, or: What Use is Kelsenian Theory?
What use is Hans Kelsen’s Pure Theory of Law (Reine Rechtslehre) for an international lawyer? None, one is tempted to say, if one looks at major text-books, the International Court of Justice or evenExpand
Introduction: The Future of Restrictivist Scholarship on the Use of Force
No international lawyer bats more than the proverbial eyelid nowadays at states intervening militarily in states which host non-state armed groups. Neither drone strikes nor what used to be calledExpand
Constitutionalism and the Myth of Practical Reason: Kelsenian Responses to Methodological Problems
Abstract While today a significant stream of European scholarship of international law is concerned with the process and consequences of its constitutionalization, criticism of this trend has so farExpand