The Function of Public International Law 1st Edition by Jan Anne Vos ISBN 9067048607 9789067048613

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ISBN 10: 9067048607 
ISBN 13: 9789067048613
Author: Jan Anne Vos
 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.

The Function of Public International Law 1st Table of contents:

1. Introduction
Part I. Mutual Exclusivity in Jurisprudence and Theory
2. Introduction to Part I
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
4. The Framework of Obligation and the Framework of Authorization in General Theory of Law
5. The Framework of Obligation and the Framework of Authorization in Theory of Public International Law
6. Conclusion to Part I
Part II. Mutual Exclusivity in Sources
7. Introduction to Part II
8. The Concept of General Principles of Law Situated Within the Framework of Obligation and the Framework of Authorization
9. The Concept of Conventional International Law Situated Within the Framework of Obligation and the Framework of Authorization
10. The Concept of Customary International Law Situated Within the Framework of Obligation and the Framework of Authorization
11. Conclusion to Part II
Part III. Mutual Exclusivity and the Dichotomy Between Institutions and Community
12. Introduction to Part III
13. The Concept of International Institution Situated Within the Framework of Obligation and the Framework of Authorization
14. The Concept of Jus Cogens and the Concept of Obligation Erga Omnes Situated Within the Framework of Obligation and the Framework of Authorization
15. Conclusion to Part III
16. Conclusion: The Function of Public International Law as the Constituting of International Society 
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Jan Anne Vos,Function,Public International Law