The Public International Law Theory of Hans Kelsen: Believing in Universal Law

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Jochen von Bernstorff (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany)

The Public International Law Theory of Hans Kelsen

Believing in Universal Law

Jochen von Bernstorff (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany)

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English

Cambridge University Press
02 January 2014

Law; Jurisprudence & philosophy of law; Public international law

Series: Cambridge Studies in International and Comparative Law

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.

By: Jochen von Bernstorff (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht Germany)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Volume: 68
Dimensions: Height: 229mm, Width: 152mm, Spine: 18mm
Weight: 460g
ISBN: 9781107699878
ISBN 10: 1107699878
Series: Cambridge Studies in International and Comparative Law
Pages: 344
Publication Date: 02 January 2014
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

1. Method and construction of international law in nineteenth century German scholarship; 2. Kelsenian formalism as critical methodology in international law; 3. An 'objective' architecture of international law: Kelsen, Kunz, and Verdross; 4. The new actors of universal law; 5. Legal sources as universal instruments of law creation; 6. The international judiciary as the functional center of universal law; 7. The role of the international legal scholar in Kelsen - a concluding reflection; Epilogue. On Kelsenian formalism in international law.

Jochen von Bernstorff is a Senior Fellow of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and a Lecturer at the University of Mannheim. As a legal adviser in the UN Department of the German Federal Foreign Office, he was a Member of the German Delegation at the Commission on Human Rights in Geneva in 2004 and 2005 and the UN Human Rights Council in 2006, as well as a Member of the German Delegation at the UN General Assembly in 2003, 2004 and 2005 in New York.