Title: Conclusion: The Function of Public International Law as the Constituting of International Society Pursuant to Practical Reasoning
Abstract: The argument presented in the preceding eight chapters was propelled by the aim to overcome the dilemma posed by the dichotomy between mainstream public international law and critical theory of public international law. Mainstream public international law sees itself as a matter of imposing limitations on States but at the same time sees itself as based on the consent of States. In the words of the PCIJ in Mavrommatis Palestine Concessions, when dealing with the phrase 'international obligations accepted by the Mandatory', appearing in Article 11 of the Mandate for Palestine, it may be said that, in a sense, the whole body of international law has been accepted by States. Critical theory pointed out that, viewed in this way, rules of public international law must simultaneously fulfill two contradictory requirements: to restrict the freedom to act of States and, at the same time, to constitute an exercise of that freedom to act. But, while this criticism seems persuasive, critical theory of public international law did not provide an alternative conception. Its suggestion that the concept of public international law should rather be seen in terms of practical reasoning, left open the point that practical reasoning might, as much as international legal argument, be eclipsed by politics.
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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