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Both the Rule and the Exception : The Concept of a Legal Dilemma and the Survival of the State

Jeutner, Valentin LU (2017) In Exceptions and Defences in International Law
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)
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)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
in press
subject
keywords
Jurisprudence, Public international law, Allmän rättslära, Folkrätt
in
Exceptions and Defences in International Law
editor
Bartels, Lorand; Paddeu, Federica; and
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
2017-06-08 11:34:09
@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},
  editor       = {Bartels, Lorand and Paddeu, Federica},
  keyword      = {Jurisprudence,Public international law,Allmän rättslära,Folkrätt},
  language     = {eng},
  publisher    = {Oxford University Press},
  series       = {Exceptions and Defences in International Law},
  title        = {Both the Rule and the Exception : The Concept of a Legal Dilemma and the Survival of the State},
  year         = {2017},
}