Hans Kelsen’s Place in International Legal Theory

RESEARCH HANDBOOK ON THE THEORY AND HISTORY OF INTERNATIONAL LAW, pp. 143-167, Alexander Orakhelashvili, ed., 2011

25 Pages Posted: 12 Jan 2010 Last revised: 26 Sep 2011

See all articles by Jörg Kammerhofer

Jörg Kammerhofer

University of Freiburg - Faculty of Law

Date Written: April 8, 2011

Abstract

This paper seeks to apply the Pure Theory of Law to some of the current problems of international law and thus to endow that theory with a new usefulness that Kelsen is not usually accorded by current international legal scholarship. Another goal of this paper is to get away from a gut-reaction against Kelsen and to avoid the stigma that is associated with his name in legal theory. This can be achieved by re-engaging with the Pure Theory without placing undue emphasis on polemic defence or attack and by thoroughly ‘modernising’ the topics discussed.The Pure Theory of Law will be applied a-contextually and a-historically to problems of practice.The focus will lie in how the Pure Theory of Law - as theoretical approach connected with, but not restricted to, Hans Kelsen’s writings - can be used for some of today’s theoretical challenges.

Keywords: Hans Kelsen, international legal theory, international constitution, norm conflict, lex posterior maxim, Article 103 UN Charter, scientificality

Suggested Citation

Kammerhofer, Jörg, Hans Kelsen’s Place in International Legal Theory (April 8, 2011). RESEARCH HANDBOOK ON THE THEORY AND HISTORY OF INTERNATIONAL LAW, pp. 143-167, Alexander Orakhelashvili, ed., 2011. Available at SSRN: https://ssrn.com/abstract=1534122

Jörg Kammerhofer (Contact Author)

University of Freiburg - Faculty of Law ( email )

D-79098 Freiburg
Germany

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