Both the Rule and the Exception : The Concept of a Legal Dilemma and the Survival of the State
Jeutner, Valentin LU
(2017)
- Abstract
- The paper considers whether there can be legal states of affairs that are both the rule and the exception or, in other words, whether there can be situations where the rule and the exception are superimposed upon each other so that neither the rule nor the exception singularly controls the legal classification of a given situation although both the rule and the exception continue to apply. The paper attempts to show that such situations can exist and that such situations can have a very distinct and useful legal function. The argument is illustrated with reference to the International Court of Justice’s 1996 Advisory Opinion concerning the Legality of the Threat or Use of Nuclear Weapons and, in particular, with reference to the... (More)
- The paper considers whether there can be legal states of affairs that are both the rule and the exception or, in other words, whether there can be situations where the rule and the exception are superimposed upon each other so that neither the rule nor the exception singularly controls the legal classification of a given situation although both the rule and the exception continue to apply. The paper attempts to show that such situations can exist and that such situations can have a very distinct and useful legal function. The argument is illustrated with reference to the International Court of Justice’s 1996 Advisory Opinion concerning the Legality of the Threat or Use of Nuclear Weapons and, in particular, with reference to the notion of the ‘survival of the State’ as a ground of self-defence as discussed in the Advisory Opinion. (Less)
- Abstract (Swedish)
- The paper considers whether there can be legal states of affairs that are both the rule and the exception or, in other words, whether there can be situations where the rule and the exception are superimposed upon each other so that neither the rule nor the exception singularly controls the legal classification of a given situation although both the rule and the exception continue to apply. The paper attempts to show that such situations can exist and that such situations can have a very distinct and useful legal function. The argument is illustrated with reference to the International Court of Justice’s 1996 Advisory Opinion concerning the Legality of the Threat or Use of Nuclear Weapons and, in particular, with reference to the notion of... (More)
- The paper considers whether there can be legal states of affairs that are both the rule and the exception or, in other words, whether there can be situations where the rule and the exception are superimposed upon each other so that neither the rule nor the exception singularly controls the legal classification of a given situation although both the rule and the exception continue to apply. The paper attempts to show that such situations can exist and that such situations can have a very distinct and useful legal function. The argument is illustrated with reference to the International Court of Justice’s 1996 Advisory Opinion concerning the Legality of the Threat or Use of Nuclear Weapons and, in particular, with reference to the notion of the ‘survival of the State’ as a ground of self-defence as discussed in the Advisory Opinion. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/8b699b40-71ef-48bb-83bb-caa427cece0c
- author
- Jeutner, Valentin
LU
- organization
- publishing date
- 2017
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- in press
- subject
- keywords
- Jurisprudence, Public international law, Allmän rättslära, Folkrätt
- host publication
- Exceptions and Defences in International Law
- editor
- Bartels, Lorand and Paddeu, Federica
- publisher
- Oxford University Press
- language
- English
- LU publication?
- yes
- id
- 8b699b40-71ef-48bb-83bb-caa427cece0c
- date added to LUP
- 2017-02-13 17:15:44
- date last changed
- 2022-10-12 13:59:26
@inbook{8b699b40-71ef-48bb-83bb-caa427cece0c,
abstract = {{The paper considers whether there can be legal states of affairs that are both the rule and the exception or, in other words, whether there can be situations where the rule and the exception are superimposed upon each other so that neither the rule nor the exception singularly controls the legal classification of a given situation although both the rule and the exception continue to apply. The paper attempts to show that such situations can exist and that such situations can have a very distinct and useful legal function. The argument is illustrated with reference to the International Court of Justice’s 1996 Advisory Opinion concerning the <i>Legality of the Threat or Use of Nuclear Weapons</i> and, in particular, with reference to the notion of the ‘survival of the State’ as a ground of self-defence as discussed in the Advisory Opinion.}},
author = {{Jeutner, Valentin}},
booktitle = {{Exceptions and Defences in International Law}},
editor = {{Bartels, Lorand and Paddeu, Federica}},
keywords = {{Jurisprudence; Public international law; Allmän rättslära; Folkrätt}},
language = {{eng}},
publisher = {{Oxford University Press}},
title = {{Both the Rule and the Exception : The Concept of a Legal Dilemma and the Survival of the State}},
year = {{2017}},
}