State interest and the sources of international law :
Beham, Markus Peter,
State interest and the sources of international law : doctrine, morality, and non-treaty law / Markus P. Beham. - New York, NY : Routledge, 2018. - xxvi, 225 pages ; 24 cm. - Routledge research in international law . - Routledge research in international law. .
Includes bibliographical references and index.
Non-treaty sources -- Morality and state interest -- Doctrine and indeterminacy.
This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions tothe prohibition of force.
9781138298781 1138298786
2017055529
GBB880538 bnb
018852222 Uk
International law.
State, The.
International law--Moral and ethical aspects.
International law.
International law--Moral and ethical aspects.
State, The.
KZ3410 / .B44 2018
341/.1
State interest and the sources of international law : doctrine, morality, and non-treaty law / Markus P. Beham. - New York, NY : Routledge, 2018. - xxvi, 225 pages ; 24 cm. - Routledge research in international law . - Routledge research in international law. .
Includes bibliographical references and index.
Non-treaty sources -- Morality and state interest -- Doctrine and indeterminacy.
This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions tothe prohibition of force.
9781138298781 1138298786
2017055529
GBB880538 bnb
018852222 Uk
International law.
State, The.
International law--Moral and ethical aspects.
International law.
International law--Moral and ethical aspects.
State, The.
KZ3410 / .B44 2018
341/.1