ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

donderdag 25 februari 2021

ARTICLE: Jochen VON BERNSTORFF, "Autorité oblige: The Rise and Fall of Hans Kelsen’s Legal Concept of International Institutions" (EJIL XXXI (2020), No. 2 (Sep) 497-523

 

(image source: OUP)

Abstract:
Hans Kelsen and his Vienna School in International Law developed a highly original legal concept of international institutions. It originated in the Interbellum and aimed at bolstering the new institutional structures created in the League era by promoting egalitarian legal structures and strong judicial controls of both member states and the organs of the institution. Against the background of this new approach to international organization, Kelsen, after World War II, developed a first and particularly harsh critique of the UN Charter.

Read further with OUP: DOI  10.1093/ejil/chaa045