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Part I The Origin and Legal Source of the Persistent Objector Rule, 1 The History and Emergence of the Persistent Objector Rule

James A. Green

in The Persistent Objector Rule in International Law

Published in print March 2016 | ISBN: 9780198704218
Part I The Origin and Legal Source of the Persistent Objector Rule, 1 The History and Emergence of the Persistent Objector Rule

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This is the first of two chapters which examine the emergence and legal basis of the persistent objector rule. This chapter looks at its origin and validity. It tackles an important issue: whether the rule exists at all as a norm of public international law. Most scholars regard the rule as an aspect of the system, but an important number also have argued that it is an academic fiction with no basis in law. They say that it was simply designed by scholars to patch over a sketchy positivist understanding of international legal obligation based on consent. However, supporters of the rule have generally not provided much in the way of evidence for its existence. The chapter concludes that while the ‘roots’ of the persistent objector rule can be traced back well before 1945, there is insufficient evidence to assert that the rule in its modern incarnation had emerged prior to the Second World War.

Chapter.  12 pages.  6563 words. 

Subjects: Private International Law and Conflict of Laws ; Public International Law ; International Law ; Law

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