State Interest and the Sources of International Law: Doctrine, Morality, and Non-Treaty Law

This book explores the gap between positive non-treaty law and its scholarly assessment in moral concepts. It argues that scholars assert the existence of international law without considering state interests and legal rhetoric, making it difficult to manifest moral concepts as non-treaty sources. The book provides examples of human rights and humanitarian exceptions to the prohibition of force and takes a bigger-picture approach to international law scholarship.

Format: Hardback
Length: 225 pages
Publication date: 10 May 2018
Publisher: Taylor & Francis Ltd

This book delves into the gap between positive non-treaty law and its scholarly evaluation in the realm of moral concepts, which are perceived as altruistic rather than reciprocal legal obligations. It highlights how scholars are readily inclined to assert the existence of a rule of international law, thereby diverging from actual state practice and disregarding the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The central argument posits that such moral concepts cannot inherently manifest as non-treaty sources of international law from a dogmatic perspective. The reason behind this lies in the inherent connection between the formation of non-treaty sources of international law and state interest, which makes it challenging, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. To substantiate this finding, the book examines two illustrative cases: human rights and humanitarian exceptions to the prohibition of force. Unlike most existing works on the subject, State Interest and the Sources of International Law adopts a broader perspective to address various distinct issues in international law scholarship. It combines an analysis of the building blocks of international relations on the one hand with the principles of sources doctrine on the other. This approach will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.

Weight: 502g
Dimension: 200 x 240 x 20 (mm)
ISBN-13: 9781138298781