Hans Kelsen on Judicial Law-Making by International Courts and Tribunals: A Theory of Global Judicial Imperialism?
13 Pages Posted: 31 Dec 2015
Date Written: December 31, 2015
This paper examines Hans Kelsen's theory of international adjudication and its political implications in the context of Kelsen's post-war calls for compulsory jurisdiction. It defends Kelsen's position on judicial law-making against claims by scholars such as Hardt and Negri that it amounts to a theory of 'judicial imperialism'. The paper, to finish, examines the ramifications of Kelsen's theory of compulsory jurisdiction in times of fragmentation.
Keywords: Hans Kelsen; international courts and tribunals; theory of adjudication; judicial lawmaking; compulsory jurisdiction; Hardt and Negri; judicial imperialism; fragmentation
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