Skip to main content

LUP Student Papers

LUND UNIVERSITY LIBRARIES

International Law and the ‘Spirit of the World’: Hegel’s Sovereignty in Contemporary International Legal Thought

Marcondes Smith, Michael George LU (2021) JAMM07 20211
Department of Law
Faculty of Law
Abstract
This research inquires on the contemporary value of Hegel’s theory of international law. Looking at Hegel’s theory of right while taking his broader system into account, his description of international law gains a weight which demonstrates its observance of the fundamental issues of the nature of that system of law. In the centre of his elaboration lies the concept of sovereignty as the ultimate principle of international law. The will of the state takes the primal position in the creation of international norms. With this consideration, the legal system is seen as regulating the relationship between totalities which claim complete independence, but are, contradictorily, dependent on the recognition by other totalities. This contradictory... (More)
This research inquires on the contemporary value of Hegel’s theory of international law. Looking at Hegel’s theory of right while taking his broader system into account, his description of international law gains a weight which demonstrates its observance of the fundamental issues of the nature of that system of law. In the centre of his elaboration lies the concept of sovereignty as the ultimate principle of international law. The will of the state takes the primal position in the creation of international norms. With this consideration, the legal system is seen as regulating the relationship between totalities which claim complete independence, but are, contradictorily, dependent on the recognition by other totalities. This contradictory setting defines the nature of international law. In a second moment, the conceptual context of the theory is analysed, especially in its relation to Kantian cosmopolitanism. Contemporary developments of cosmopolitanism are then proposed as possible challenges to the Hegelian perspective, in particular those put forward by Hans Kelsen. It is nevertheless demonstrated that Hegel’s view sustains itself, regardless of the more recent evolution of international legal thought. Finally, an analysis of the Nuclear Weapons Advisory Opinion (1996) of the International Court of Justice is given as a demonstration of the contemporaneity of Hegel’s description of the system of international law. In that case, the Court was unable to definitively express if the threat or use of nuclear weapons could be prohibited in a situation in which a state’s existence was under threat. This impossibility is interpreted as an expression of the contradiction which Hegel makes explicit, thus demonstrating the contemporary value of his theory of international law. (Less)
Please use this url to cite or link to this publication:
author
Marcondes Smith, Michael George LU
supervisor
organization
course
JAMM07 20211
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
9051412
date added to LUP
2021-06-14 16:30:33
date last changed
2021-06-14 16:30:33
@misc{9051412,
  abstract     = {{This research inquires on the contemporary value of Hegel’s theory of international law. Looking at Hegel’s theory of right while taking his broader system into account, his description of international law gains a weight which demonstrates its observance of the fundamental issues of the nature of that system of law. In the centre of his elaboration lies the concept of sovereignty as the ultimate principle of international law. The will of the state takes the primal position in the creation of international norms. With this consideration, the legal system is seen as regulating the relationship between totalities which claim complete independence, but are, contradictorily, dependent on the recognition by other totalities. This contradictory setting defines the nature of international law. In a second moment, the conceptual context of the theory is analysed, especially in its relation to Kantian cosmopolitanism. Contemporary developments of cosmopolitanism are then proposed as possible challenges to the Hegelian perspective, in particular those put forward by Hans Kelsen. It is nevertheless demonstrated that Hegel’s view sustains itself, regardless of the more recent evolution of international legal thought. Finally, an analysis of the Nuclear Weapons Advisory Opinion (1996) of the International Court of Justice is given as a demonstration of the contemporaneity of Hegel’s description of the system of international law. In that case, the Court was unable to definitively express if the threat or use of nuclear weapons could be prohibited in a situation in which a state’s existence was under threat. This impossibility is interpreted as an expression of the contradiction which Hegel makes explicit, thus demonstrating the contemporary value of his theory of international law.}},
  author       = {{Marcondes Smith, Michael George}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{International Law and the ‘Spirit of the World’: Hegel’s Sovereignty in Contemporary International Legal Thought}},
  year         = {{2021}},
}