Abstract
This article analyses the Report on Fragmentation of International Law
by the International Law Commission. It points out several misconceptions in this
Report which appear to be rooted in the fact that the Report - in spite of its self-characterization
as a methodological toolbox - largely disregards relevant legal methodology
and legal theory. This approach, which becomes apparent in the Report, risks
promoting misapprehensions and amounts to a self-conception of international law
doctrine as a "self-contained discipline".
by the International Law Commission. It points out several misconceptions in this
Report which appear to be rooted in the fact that the Report - in spite of its self-characterization
as a methodological toolbox - largely disregards relevant legal methodology
and legal theory. This approach, which becomes apparent in the Report, risks
promoting misapprehensions and amounts to a self-conception of international law
doctrine as a "self-contained discipline".
| Original language | German (Austria) |
|---|---|
| Pages (from-to) | 87 - 115 |
| Journal | Zeitschrift für Öffentliches Recht |
| Volume | 65 |
| Issue number | 1 |
| Publication status | Published - 1 Nov 2010 |
Austrian Classification of Fields of Science and Technology (ÖFOS)
- 505016 Legal theory
- 505029 International law
- 505003 European law