International law gaps in

In short, international law is subject to three sources of paradox: first, it takes fictional more seriously than natural persons; second, it attempts to derive norms from the anarchic practice of such artificial persons; third, when, despite its bias in favor of States, it affirms the dignity and inviobility of

Feb 4, 2021The Geneva Conventions have significant gaps and ambiguities, especially with regard to detention in noninternational armed conflicts. These

1 Introduction: Analytical and Normative Gaps

If international law is indeed in a ‘post-ontological phase’ and its scholarship is no longer preoccupied with defending its status as law or answering other canonical jurisprudential challenges, then international legal theory ought to have ready responses to questions about the authority of international law.1Does international law claim authorit.

2 The Nexus Between Legality and Authority

The relationship between authority and legality is a fundamental question of jurisprudence.
The view adopted here is that neither constitutes the other; indeed, there can be legality without legitimate authority and legitimate authority without legality.3Legality and authority, however, are not separate concepts that both happen to be featured in a.

4 International Authority: A Gap Between What Is Claimed and What Is Possessed?

The bridge over the analytical gap then has implications for the normative gap between what is claimed and what is possessed.
To get to those implications, we need an account of what would make authority legitimate, with which we can examine the existence and quality of international law’s authority and explore what law must be like if it is to pla.

5 The Defective Authority of International Law

Is international law’s authority defective measured against such stringent normative standards.
There are two related ways in which an institution or rule’s purported authority can fail.
It may fall short against a standard of legitimacy or it may fail to have authority at all.
A failure of de facto authority logically precludes any inquiry into le.

6 from Independent to Relative Authority

I have so far identified two key factors that motivate a fresh look at the kind of authority at issue in international law.
The first is that the independent conception of authority seems to miss some important features of the practice of international authority, in which state-created international institutions purport to have authority over state.

Is there a normative gap between international law and international law?

This article makes two key arguments:

first

that there is an analytical gap surrounding the authority that is claimed by international law and

second

that there is a normative gap between the authority that international law claims and that which it possesses.

What are institutional gaps?

Institutional gaps can refer to the fact that there may be no overarching global institution, in which case many international aspects of problem-solving may be ignored—for example, the control of nuclear weapons.

What are the five gaps in global governance?

It begins by examining the notion of global governance before parsing five “gaps” (knowledge, normative, policy, institutional, and compliance) in contemporary global governance that are the most insightful way to understand the strengths and weaknesses of the UN's past, present, and future roles.

Does international law have a gap between authority and legality?

International law, however, seems to make a different kind of claim, which cannot plausibly be interpreted as a claim to independently legitimate authority, and, thus, creates a gap that threatens to disrupt the analytical nexus between authority and legality

Is there a gap in international environmental law?

The 2018 report from the Secretary-General on gaps in international environmental law clearly summarizes the gravity of the problem and justifies the need to address it: There is scientific consensus that, globally, biodiversity is being lost at an alarming rate

What is a 'normative' gap in international law?

The second, ‘normative’ gap suggests that if international law claims legitimate authority but falls a long way short of having it, then there would be something defective about international law’s authority

This second gap is normatively significant, while the first is of analytical significance for theorizing about international law as law

Theological argument

God of the gaps is a theological concept that emerged in the 19th century and revolves around the idea that gaps in scientific understanding are regarded as indications of the existence of God.
This perspective has its origins in the observation that some individuals, often with religious inclinations, point to areas where science falls short in explaining natural phenomena as opportunities to insert the presence of a divine creator.
The term itself was coined in response to this tendency.
This theological view suggests that God fills in the gaps left by scientific knowledge, and that these gaps represent moments of divine intervention or influence.