- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index
Abstract and Keywords
This chapter illustrates the deep structure of the Kelsenian approach to international law from an intellectual history perspective. Hans Kelsen (1881–1973) was a Viennese law professor in between the two world wars, who is seen by many as one of the most outstanding, if not the most outstanding, jurist of the twentieth century. Therefore studying the Kelsenian approach includes the political, doctrinal, and philosophical context in which Kelsen developed his fundamental critique of the then-prevailing German international law theory. Furthermore, the chapter reveals the subversive and revolutionary force of Kelsen’s critical methodology with a couple of examples, concluding with a few words on how German international legal scholarship dealt with Kelsen’s legacy after the Second World War.
Keywords: Responsibility of international organizations, Customary international law, General principles of international law, Sources of international law
Jochen von Bernstorff, Chair of Constitutional Law, Public International Law and Human Rights Law at the University of Tübingen
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- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index