Positivism as a method to identify and interpret International law is nowadays often criticized. In order to better understand and evaluate the criticisms, it is helpful to trace back the origins of such an approach and reflect on its core tenets. It is maintained that, while there are issues which may not be understood through a strict positivist lens, this methodology remains today the closest to the reality of international law-making
Origins and Challenges of a Positivist Approach to International Law
Gianelli Alessandra
2020-01-01
Abstract
Positivism as a method to identify and interpret International law is nowadays often criticized. In order to better understand and evaluate the criticisms, it is helpful to trace back the origins of such an approach and reflect on its core tenets. It is maintained that, while there are issues which may not be understood through a strict positivist lens, this methodology remains today the closest to the reality of international law-makingFile in questo prodotto:
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