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Publıc Internatıonal Law I
PUBLIC INTERNATIONAL LAW I Dersi The Nature and Development of International Law soru cevapları
PUBLIC INTERNATIONAL LAW I Dersi The Nature and Development of International Law soru detayı:
SORU:
According to John Austin, why is international law NOT a true law?
CEVAP: Austin’s opposition to international law stems from his definition of law. According to Austin, law “properly so called” is the command of the sovereign, backed by a superior political authority. In other words, law is the edict issued from a determinate sovereign legislative authority that must be backed by the authority of the State. ... If the concerned rules were not issued by the sovereign authority, then they cannot be legal rules.
Austin’s opposition to international law stems from his definition of law. According to Austin, law “properly so called” is the command of the sovereign, backed by a superior political authority. In other words, law is the edict issued from a determinate sovereign legislative authority that must be backed by the authority of the State. ... If the concerned rules were not issued by the sovereign authority, then they cannot be legal rules.