The public international law theory of Hans Kelsen : believing in universal law

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Title:

Author:

Bernstorff, Jochen von, author.

ISBN:

9781107699878

Personal Author:

Bernstorff, Jochen von, author.

Uniform Title:

Glaube an das universale Recht. English

Edition:

First paperback edition.

Physical Description:

xiv, 324 pages ; 23 cm.

Series:

Cambridge studies in international and comparative law

Cambridge studies in international and comparative law (Cambridge, England : 1996)

General Note:

Originally published : 2010.

"Translated by Thomas Dunlap"--Title page verso.

Originally published as Der Glaube an das universale Recht : zur Volkerrechtstheorie Hans Kelsens und seiner Schuler. Nomos : Baden- Baden, 2001.

Contents:

Method and construction of international law in nineteenth century German scholarship -- Kelsenian formalism as critical methodology in international law -- An "objective" architecture of international law : Kelsen, Kunz, and Verdross -- The new actors of universal law -- Legal sources as universal instruments of law-creation -- The international judiciary as the functional center of universal law -- The role of the international legal scholar after Kelsen : a concluding reflection.

Personal Subject:

Kelsen, Hans, 1881-1973.

Subject Term:

International law -- History.

Added Author:

Dunlap, Thomas, 1959-

Copies:

Available:*

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Summary

This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.