State interest and the sources of international law : doctrine, morality, and non-treaty law /

This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, ther...

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Bibliographic Details
Main Authors: Beham, Markus Peter
Published: Routledge,
Publisher Address: New York, NY :
Publication Dates: 2018.
Literature type: Book
Language: English
Series: Routledge research in international law
Subjects:
Summary: This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-t
Carrier Form: xxvi, 225 pages ; 24 cm.
Bibliography: Includes bibliographical references (pages [194]-221) and index.
ISBN: 9781138298781 (hardback) :
1138298786 (hardback)
Index Number: KZ3410
CLC: D99
Call Number: D99/B419
Contents: Non-treaty sources -- Morality and state interest -- Doctrine and indeterminacy.