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  3. The Public International Law Theory of Hans Kelsen
  • Cited by 53
  • Jochen von Bernstorff, Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Publisher:
Cambridge University Press
Online publication date:
May 2011
Print publication year:
2010
Online ISBN:
9780511776953
DOI:
https://doi.org/10.1017/CBO9780511776953
Subjects:
Public International Law, Law, International Relations and International Organisations, Jurisprudence
Series:
Cambridge Studies in International and Comparative Law (68)
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Book description

This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

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