THE FUNCTION OF PUBLIC INTERNATIONAL LAW
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- Author: JAN ANNE VOS
- ISBN: 9789067048606
- Availability: In Stock
Buy THE FUNCTION OF PUBLIC INTERNATIONAL LAW | Law Books , FOREIGN BOOKS
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.