Uncertainty in the Formal Sources of International Law: Customary International Law and Some of Its Problems

Kammerhofer, Jörg

doi:10.1093/ejil/15.3.523

Cited by 79 publications

(18 citation statements)

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“…Since the later Kelsen has, however, given up this claim and accepted the existence of normative conflicts (cf. especially Kelsen, General Theory of Norms (n 15) 106-114 and [123][124][125][126][127], this problem need not concern us at this point; cf. Hart, 'Answers to Eight Questions' (n 20) 290.…”

Section: The Strong Version Of Monism: Logical and Epistemological Nementioning

confidence: 99%

In Defence of Kelsenian Monism: Countering Hart and Raz

Gragl¹

2016

Jurisprudence

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This paper discusses the main criticism launched against legal monism and the Pure Theory of Law, as envisaged by Hans Kelsen and the other proponents of the Vienna School of Jurisprudence, namely the criticism voiced by two of the most eminent legal theorists, H.L.A. Hart and Joseph Raz. According to them, legal monism fails to offer a satisfactory theory of the identity of legal systems and it therefore simply cannot be considered a viable theory of legal systems, because it leads to obviously absurd consequences. These arguments which take the form of an attack on the most basic tenets of the Pure Theory of Law and thus legal monism, will be duly addressed and consequently rebutted in this paper, particularly in order to be able to maintain legal monism in its juridicoepistemological manifestation as a working and viable theory of the law.

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Section: The Strong Version Of Monism: Logical and Epistemological Nementioning

confidence: 99%

In Defence of Kelsenian Monism: Countering Hart and Raz

Gragl¹

2016

Jurisprudence

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“…Anyway, the practice of international organisations and states is, in fact, the expression of the existence of a formal or informal norm of international law, despite reservations and critiques regarding certain aspects of international customary law made by some scholars (Koskenniemi 1989;Bodansky 1995;Kammerhofer 2004). In this way Guzman (2008) stated: 'Though customary international law is often criticized, and occasionally said to be irrelevant, a coherent theory of customary international law is important to an understanding of international law for several reason.…”

Section: The Concept Of State Practice In International Lawmentioning

confidence: 99%

Sustainable forest management practice in Central African States and customary law

Mvondo¹

2009

International Journal of Sustainable Development & World Ec

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Sustainable forest management (SFM) has become a major focus for the international community. This is because of the multifunctional importance of forest resources for the entire planet, namely ecological, socio-economic, cultural and climatic balance. General awareness of forest importance unfortunately coincides with the observed increase in threats, especially anthropogenic, to this world heritage. To tackle the continuing deforestation and degradation, the international community, through the United Nations Forum on Forests (UNFF) and its predecessors, has attempted to adopt an international convention on SFM based on the 15 Rio Declaration principles. The limited success of international negotiations aimed at the adoption of such an instrument leads us to seek an alternative within international law theories, through analysis of the relationship between states practice in SFM and customary international law. To this end, this paper focuses on the practice of Central African States in sustainable forest management, especially statement of principles, sub-regional treaty and domestic legislation. The analysis shows that their practice fulfils all the requirements in order to be regarded as regional custom. Therefore, principles and state practices of SFM can thus be considered legally binding for this sub-region, despite some major implementation shortcomings.

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“…The rules of international law can be determined from a variety of sources (Degan 1997;Kammerhofer 2004;Sherman 1921). Article 38 of the ICJ Statute provides that in arriving at its decisions the Court shall apply international conventions, international custom, the ''general principles of law recognized by civilized nations'' and the ''the teachings of the most highly qualified publicists of the various nations as subsidiary means for the determination of rules of law'' (Article 38, Statute of the International Court of Justice).…”

Section: Opinion Of Publicistsmentioning

confidence: 99%

The legal status of the Philippine Treaty Limits in international law

Bautista

2009

Aegean Rev Law Sea

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Uncertainty in the Formal Sources of International Law: Customary International Law and Some of Its Problems

Cited by 79 publications

References 0 publications

In Defence of Kelsenian Monism: Countering Hart and Raz

In Defence of Kelsenian Monism: Countering Hart and Raz

Sustainable forest management practice in Central African States and customary law

The legal status of the Philippine Treaty Limits in international law

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