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

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

Standard

Both the Rule and the Exception : The Concept of a Legal Dilemma and the Survival of the State. / Jeutner, Valentin.

Exceptions and Defences in International Law. red. / Lorand Bartels; Federica Paddeu. Oxford : Oxford University Press, 2017.

Forskningsoutput: Kapitel i bok/rapport/Conference proceedingKapitel samlingsverk

Harvard

Jeutner, V 2017, Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State. i L Bartels & F Paddeu (red), Exceptions and Defences in International Law. Oxford University Press, Oxford.

APA

Jeutner, V. (Accepterad/under tryckning). Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State. I L. Bartels, & F. Paddeu (Red.), Exceptions and Defences in International Law Oxford: Oxford University Press.

CBE

Jeutner V. 2017. Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State. Bartels L, Paddeu F, redaktörer. I Exceptions and Defences in International Law. Oxford: Oxford University Press.

MLA

Jeutner, Valentin "Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State". och Bartels, Lorand Paddeu, Federica (redaktörer). Exceptions and Defences in International Law. Oxford: Oxford University Press. 2017.

Vancouver

Jeutner V. Both the Rule and the Exception: The Concept of a Legal Dilemma and the Survival of the State. I Bartels L, Paddeu F, redaktörer, Exceptions and Defences in International Law. Oxford: Oxford University Press. 2017

Author

Jeutner, Valentin. / Both the Rule and the Exception : The Concept of a Legal Dilemma and the Survival of the State. Exceptions and Defences in International Law. redaktör / Lorand Bartels ; Federica Paddeu. Oxford : Oxford University Press, 2017.

RIS

TY - CHAP

T1 - Both the Rule and the Exception

T2 - The Concept of a Legal Dilemma and the Survival of the State

AU - Jeutner, Valentin

PY - 2017

Y1 - 2017

N2 - 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.

AB - 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.

KW - Jurisprudence

KW - Public international law

KW - Allmän rättslära

KW - Folkrätt

M3 - Book chapter

BT - Exceptions and Defences in International Law

A2 - Bartels, Lorand

A2 - Paddeu, Federica

PB - Oxford University Press

CY - Oxford

ER -