Work

The War in Ukraine – Pathology of the International Legal System?

Year: 2024

Type: article

Abstract: Proceeding from the common assertion that the war in Ukraine proves that international law “doesn’t work” anymore, the article tries to differentiate among the three possible readings of this claim. First, the statement may mean that a central part of international law, namely the regime on the use of force, has been stripped of its ‘legality’. Second, the allegation may be that we are dealing with a situation which Hart characterized as “the pathology of a legal system”. The third possible reading would be that international law on the use of force is not authoritative, meaning it does not have the capacity to generate the sense of bindingness among its addressees. The article argues in favor of the second reading.

Source: Eudaimonia

DOI: 10.51204/ivrs_24207a

Author: Miodrag Jovanović

Institution: University of Belgrade

Language: English

Topic: International Law and Human Rights

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

Funder: European Commission