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  1. Is International Law a Hartian Legal System?Carmen E. Pavel - 2018 - Ratio Juris 31 (3):307-325.
    H. L. A. Hart proposed one of the most influential accounts of law, according to which law is a union of primary rules, which guide the behavior of the law’s subjects, and secondary rules, which guide officials in recognizing, changing, and interpreting primary rules. Writing at the end of the 1950s, Hart had serious doubts about whether international law meets the necessary criteria for a legal system. But there are several reasons to reconsider his position. One is that international law (...)
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  • Skeptical challenges to international law.Carmen E. Pavel & David Lefkowitz - 2018 - Philosophy Compass 13 (8):e12511.
    International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non‐existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is characterized by much less institutional differentiation and specialization of functions than domestic legal systems are. These differences have invited a number (...)
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