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Identités du droit international
Identities of international law

Author(s): Diana Botău
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: comparative international law; universal vs particular; responsibility to protect; unilateral humanitarian intervention; sovereignty; human rights;

Summary/Abstract: International law lawyers are inclined to believe, expressly or tacitly, that they are in possession of a neutral and impartial representation of the world and, implicitly, that they have a universal perspective on international law. Yet, comparative law questions such claims. The interpretation and application of different international legal doctrines, concepts or rules depend on the theoretical premises concerning the nature and objectives of international law, and also on the interpretive priorities of the interpreter. The possibility of the existence of different perspectives on international law challenges precisely its alleged aspirations towards universalism. As the international system tends to become multipolar, interpretations of international law multiply. Great powers seek to impose their own version of international law, and a multipolar world entails distinct, competing versions of international law. The way in which China and Russia define their own relationship to international law is a good example for beginning to understand how power dynamics in international relations can affect the identity and content of international law.

  • Issue Year: 2020
  • Issue No: 02
  • Page Range: 257-276
  • Page Count: 20
  • Language: French