1st Edition

Uncertainty in International Law A Kelsenian Perspective

By Jörg Kammerhofer Copyright 2011
304 Pages
by Routledge

304 Pages
by Routledge

304 Pages
by Routledge

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... Read more

1. Introduction  2. Self-Defence under the United Nations Charter  3. Customary International Law  4. Interpretation and Modification  5. Conflict of Norms in International Law  6. A Constitution for International Law  7. The Inevitable Grundnorm

Biography

Jörg Kammerhofer is a Senior Research Fellow and Senior Lecturer at the University of Freiburg, Germany.

‘Kammerhofer’s efforts to maintain theoretical consistency are impressive. He advocates a form of scholarship not afraid to carry its analysis through ‘to the bitter end’, and wants to oppose any form of pragmatism that would bow to what is convenient or realistic within the everyday ‘realities’ of international law.’ - Joshua Paine for Leiden Journal of International Law

"Uncertainty in International Law is a rich and nuanced book from which any reader interested in international legal theory will benefit. Moreover, in respect of the main substantive questions it deals with – self-defence, customary international law and interpretation and modification of treaties – the book displays a wealth of rigorous thinking that facilitates navigation through the complexities of legal indeterminacy"

- The European Journal of International Law, Mónica García-Salmones Rovira