TY  - BOOK
AU  - Beham,Markus Peter
TI  - State interest and the sources of international law: doctrine, morality, and non-treaty law 
T2  - Routledge research in international law
SN  - 9781138298781
AV  - KZ3410 .B44 2018
U1  - 341/.1 23
PY  - 2018///
CY  - New York, NY : 
PB  - Routledge
KW  - International law
KW  - State, The
KW  - Moral and ethical aspects
KW  - fast
N1  - Includes bibliographical references and index; Non-treaty sources -- Morality and state interest -- Doctrine and indeterminacy
N2  - 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
ER  -