Chapter

Continuing Uncertainty in the Mainstream

Anthony Carty

in Philosophy of International Law

Published by Edinburgh University Press

Published in print March 2007 | ISBN: 9780748622559
Published online March 2012 | e-ISBN: 9780748652525 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748622559.003.0002
Continuing Uncertainty in the Mainstream

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The chapter shows that the statist language with which the Court works is unable to grasp the processes of international life. It will be implicit in the critique that the reason lies in the Court's continued adherence to the security-oriented language of the classical state sovereign of early modernity. The chapter concludes by setting out possible minimum conditions for an effective observation of the practice of states as institutions and the place of lawyers within them, by invoking the idea of a public space, within and outside the state, in which legal argument can take place.

Keywords: international law; courts; security-oriented language; classical state sovereign; early modernity; public space

Chapter.  22476 words. 

Subjects: Social and Political Philosophy

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