Re-engaging with the Pure Theory of Law developed by Hans Kelsen
and the other members of the Viennese School of Jurisprudence, this
book looks at the causes and manifestations of uncertainty in
international law. It considers both epistemological uncertainty as
to whether we can accurately perceive norms in international law,
and ontological problems which occur inter alia where two or more
norms conflict. The book looks at these issues of uncertainty in
relation to the foundational doctrines of public international law,
including the law of self-defence under the United Nations Charter,
customary international law, and the interpretation of treaties. In
viewing international law through the lens of Kelsen's theory Joerg
Kammerhofer demonstrates the importance of the theoretical
dimension for the study of international law and offers a critique
of the recent trend towards pragmatism and eclecticism in
international legal scholarship. The unique aspect of the monograph
is that it is the only book to apply the Pure Theory of Law as
theoretical approach to international law, rather than simply being
a piece of intellectual history describing it. This book will of
great interest to students and scholars of public international
law, legal theory and jurisprudence.
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