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Title: | Community Interest and the International Public Legal Order | Authors: | THIN, Sarah | Issue Date: | 2021 | Publisher: | SPRINGER INT PUBL AG | Source: | Netherlands international law review (Print), | Abstract: | Traditional ideas about the private nature of the international legal order are increasingly being forced to contend with the development of public legal elements at the international level. The notion of the international community interest is key to understanding these developments and, as such, has transformed our understanding of international law. There are many different approaches to the public/private distinction in law, broadly categorised into relational, public authority, and interest-based approaches. These can be reduced to four key elements of publicness: the existence of a community or public; the universality of the public regime in question with its own boundaries; normative and institutional hierarchies; the objectivity of obligation and responsibility. The development of the community interest and related norms of international law can be seen to have introduced and strengthened all of these elements of publicness within the international legal system. It is thus on its way to becoming an international public legal order. This has important implications for our understanding of international law and the future development of the international legal order. | Keywords: | Community interest;International public law;International public interest;International community;Public authority;International legal system | Document URI: | http://hdl.handle.net/1942/33991 | ISSN: | 0165-070X | e-ISSN: | 1741-6191 | DOI: | 10.1007/s40802-021-00186-7 | ISI #: | 000641216300001 | Rights: | The Author(s) 2021.Open Access This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article’s Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article’s Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licen ses/by/4.0/. | Category: | A1 | Type: | Journal Contribution | Validations: | vabb 2023 |
Appears in Collections: | Research publications |
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