Hans Kelsen on International Law
Bibliographic Data
| ID | 12199872 |
|---|---|
| Authors | François Rigaux (UCLouvain, corresponding author) |
| Year | 1998 |
| Volume | 9 |
| Issue | 2 |
| Pages | 325-343 |
| Publication date | 1998-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/9.2.325 |
| OpenAlex | W2071220908 |
| Language | EN |
| Citations received | 7 |
Kelsen's monistic theory of law, according to which international and municipal law have the same subject-matter, paved the way for the dominant contemporary doctrine: international law can encompass every aspect of human life which warrants international legal protection of human rights. Kelsen's doctrine of the identification of law and state held the legal order of the modern state to be the pattern of every legal system. Since, moreover, he considered physical coercion to be the very requisite of a legal normative order, Kelsen was bound to look for such a coercive element in the international order and found it in war. The experience of World War Two led Kelsen to develop the doctrine of the ‘just war’ (bellum iustum) as the appropriate sanction for violations of international norms, a theory which is hard to reconcile with his condemnation of every form of natural law. Kelsen's narrow definition of law prevented him from assessing the true nature of normative systems which do not fall within the state-based definition. Such systems may rely on non-physical forms of coercion, forms which are also available, as this article argues, to the international order
Coercion (linguistics · Doctrine · Epistemology · International law · Law and economics · Legal doctrine · Monism · Normative · Political science · Sociology · International Law and Human Rights · Law and Political Science · Political Theology and Sovereignty · Law · Philosophy
After the Great War
Kelsen, Legal Normativity, and Formal Justice in International Relations
The Non-Appropriation Principle
O legado kantiano na Filosofia do Direito Internacional de Kelsen
Hermann Kantorowicz and Hans Kelsen
Reconciling positivism and realism
The Return of the Soul-The Role of Religion in Regulating Social Life
| Unique citing works | 7 |
|---|---|
| Citations per year | 0,54 |
| Citation span | 2013 - 2025 (13) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 7 |