From Bilateralism to Publicness in International Law

Benedict Kingsbury and Megan Donaldson

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI:
From Bilateralism to Publicness in International Law

Show Summary Details


This chapter explores the ideas embedded in Simma's notion of a move toward ‘a true public international law’ or ‘a contemporary international legal order which is strongly influenced by ideas of public law’. It argues for two distinct but overlapping meanings of ‘public’ in this context. The first is an international law that is ‘inter-public’ law, being made by and for a set of entities (primarily States) that are not merely ‘actors’ (in the jargon of international relations), but public entities operating under public law. The second is a quality of publicness in law that is also becoming part of understandings of international law of the sort Bruno Simma has enunciated. Neither of these ideas — inter-public law and publicness — are commonplace or widely accepted in international law. However, they represent important dimensions in current and future international law.

Keywords: international law; public law; Bruno Simma; inter-public law

Chapter.  5694 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.