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5 - Sources

Published online by Cambridge University Press:  16 July 2009

Martti Koskenniemi
Affiliation:
University of Helsinki
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Summary

We have seen that it is, in principle, perfectly possible to conceptualize the totality of international legal norms as a consequence of the doctrine of sovereignty. In a sense, all legal norms are merely descriptions of what it is for each State to be sovereign. This is the way many classical lawyers presented their international law. Statehood was assumed given and the law followed in terms of the “absolute” and “conditional” rights which accompanied it. This approach seemed unworkable because of the abstract and ultimately subjective way that such rights were conceived. Moreover, it failed to explain the phenomenon that sovereignty was associable with the most varied kinds or rights and obligations. When modern lawyers were compelled to admit that sovereignty had no natural content, they also had to recognize that it did not serve as a reliable starting-point for deductions about the law.

The modern doctrine of sources of international law attempts to deal with the problem of the indeterminate character of the doctrine of sovereignty. On the one hand, it tries to provide for the concreteness of the law by refusing to accept any norms as simply given, either by virtue of statehood or some anterior normative code. It tells the lawyer where he can find the law in an objective fashion. On the other hand, sources doctrine also attempts to provide for the law's normativity by detaching it from the momentary views and interpretations which States might hold of its content.

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From Apology to Utopia
The Structure of International Legal Argument
, pp. 303 - 387
Publisher: Cambridge University Press
Print publication year: 2006

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  • Sources
  • Martti Koskenniemi, University of Helsinki
  • Book: From Apology to Utopia
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511493713.007
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  • Sources
  • Martti Koskenniemi, University of Helsinki
  • Book: From Apology to Utopia
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511493713.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Sources
  • Martti Koskenniemi, University of Helsinki
  • Book: From Apology to Utopia
  • Online publication: 16 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511493713.007
Available formats
×