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International legal theory, or theories of international law, comprise a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of international law and institutions and to suggest improvements.
Classical approaches to International legal theory are the natural law, the Eclectic and the legal positivism schools of thought. [242] [page needed] The natural law approach argues that international norms should be based on axiomatic truths.
The terms monism and dualism are used to describe two different theories of the relationship between international law and domestic law. Monism and dualism both offer approaches to how international law comes into effect within states, and how conflicts between national and international law are resolved.
Basic concepts of international law such as treaties can be traced back thousands of years. [1] Early examples of treaties include around 2100 BC an agreement between the rulers of the city-states of Lagash and Umma in Mesopotamia, inscribed on a stone block, setting a prescribed boundary between their two states. [2]
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
International legal personality (International juridical personality) is an important facet of international law that has developed throughout history as a means of international representation and capacity to contract and institute International legal proceedings. With the acquirement of personality comes privileges and International rights ...
Theoretical legal positivism is a cluster of theories about the nature of law related to a "statalist" conception of law. [10] They include the theory that the law is a set of commands issued by the sovereign authority, whose binding force is guaranteed by the threat of sanctions (coercitive imperativism); a theory of legal sources, in which ...
American legal philosopher Ronald Dworkin's legal theory attacks legal positivists that separate law's content from morality. [65] In his book Law's Empire, [66] Dworkin argued that law is an "interpretive" concept that requires barristers to find the best-fitting and most just solution to a legal dispute, given their constitutional traditions ...