From Bilateralism to Publicness in International Law
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Description
This chapter explores the ideas embedded in Simma's notion of a move toward ‘a true public international law’ or ‘a contemporary international legal order which is strongly influenced by ideas of public law’. It argues for two distinct but overlapping meanings of ‘public’ in this context. The first is an international law that is ‘inter-public’ law, being made by and for a set of entities (primarily States) that are not merely ‘actors’ (in the jargon of international relations), but public entities operating under public law. The second is a quality of publicness in law that is also becoming part of understandings of international law of the sort Bruno Simma has enunciated. Neither of these ideas—inter-public law and publicness—are commonplace or widely accepted in international law. However, they represent important dimensions in current and future international law.
Source Publication
From Bilateralism to Community Interest: Essays in Honour of Judge Bruno Simma
Source Editors/Authors
Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, Christoph Vedder
Publication Date
2011
Recommended Citation
Kingsbury, Benedict and Donaldson, Megan, "From Bilateralism to Publicness in International Law" (2011). Faculty Chapters. 980.
https://gretchen.law.nyu.edu/fac-chapt/980
