The Function of Public International Law

1. Front Matter

   Pages i-x

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2. Introduction

   • Jan Anne Vos

   Pages 1-22

3. Mutual Exclusivity in Jurisprudence and Theory

   1. Front Matter

      Pages 23-23

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   2. Introduction to Part I

      • Jan Anne Vos

      Pages 25-26

   3. The Framework of Obligation and the Framework of Authorization in the Case of the S.S. “Lotus” and in Legality of the Threat or Use of Nuclear Weapons

      • Jan Anne Vos

      Pages 27-51

   4. The Framework of Obligation and the Framework of Authorization in General Theory of Law

      • Jan Anne Vos

      Pages 53-80

   5. The Framework of Obligation and the Framework of Authorization in Theory of Public International Law

      • Jan Anne Vos

      Pages 81-99

   6. Conclusion to Part I

      • Jan Anne Vos

      Pages 101-103

4. Mutual Exclusivity in Sources

   1. Front Matter

      Pages 105-105

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   2. Introduction to Part II

      • Jan Anne Vos

      Pages 107-108

   3. The Concept of General Principles of Law Situated Within the Framework of Obligation and the Framework of Authorization

      • Jan Anne Vos

      Pages 109-134

   4. The Concept of Conventional International Law Situated Within the Framework of Obligation and the Framework of Authorization

      • Jan Anne Vos

      Pages 135-169

   5. The Concept of Customary International Law Situated Within the Framework of Obligation and the Framework of Authorization

      • Jan Anne Vos

      Pages 171-203

   6. Conclusion to Part II

      • Jan Anne Vos

      Pages 205-207

5. Mutual Exclusivity and the Dichotomy Between Institutions and Community

   1. Front Matter

      Pages 209-209

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   2. Introduction to Part III

      • Jan Anne Vos

      Pages 211-213

   3. The Concept of International Institution Situated Within the Framework of Obligation and the Framework of Authorization

      • Jan Anne Vos

      Pages 215-247

   4. The Concept of Jus Cogens and the Concept of Obligation Erga Omnes Situated Within the Framework of Obligation and the Framework of Authorization

      • Jan Anne Vos

      Pages 249-273

   5. Conclusion to Part III

      • Jan Anne Vos

      Pages 275-277

   6. Conclusion: The Function of Public International Law as the Constituting of International Society Pursuant to Practical Reasoning

      • Jan Anne Vos

      Pages 279-292

This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.

• Constitution of international society
• Framework of authorization
• Framework of obligation
• Practical reasoning
• Vertical structure

• XYNTHEZYX, Nijkerk, The Netherlands

  Jan Anne Vos

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