Document Type

Article

Publication Date

2018

Publication Information

32 Emory Int'l L. Rev. 1039 (2018).

Abstract

International law is both a process of assertion and reliance and a system of principles and rules: together they constitute the course of international law, confounding those critics who simplemindedly assert that it can be one (process) or the other (system) but not both. . . . we treat the international legal system as an axiom—a social fact. We differ on many other ideas: new subjects, the limits of multilateralism, fragmentation, pluralism and universality, as a result of which we continue to debate the true characteristics of the international system. States intent upon effecting changes in the law will naturally prefer to take the risk of a comprehensive and ruthless change of which they themselves are the authors than to entrust the international community with the task of an alteration of the status quo on the basis of justice.

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