Jan Klabbers

Inter-legality and the Conceptual Crises of Law

  • Abstract

Informations and abstract

Keywords: Inter-legality, Law-making, Presumptive Law, Domestic Application, Subjects of International Law, Legal Authority

International law suffers from a series of epistemic crises: it is unclear what forms it can take, who can make it, and how it relates to other, largely domestic legal orders. The reason is simple: many of the central concepts were devised over a century ago, for a different world, and have not kept pace. This article suggests that the crises can be met by engaging in two related intellectual operations: positing the possibility of presumptive law and connecting this to the concept of inter-legality

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