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The Function of Public International Law (Hardcover, 2013 ed.)
Loot Price: R3,470
Discovery Miles 34 700
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The Function of Public International Law (Hardcover, 2013 ed.)
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Total price: R3,490
Discovery Miles: 34 900
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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.
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