Polycentric vs. fragmented: a Neo-Kelsenian order of global law
AbstractThe article contrasts the image of the maladaptive fragmentation of international law with polycentrism as the new legal model of the unitas multiplex of international law. Whether international law is seen as fragmented or polycentric, hinges on the way it is cognised and understood by lawyers, and how its unity and normativity are justified. The vehicles of international law’s structural resilience are the intellectual (ontological, epistemological, methodological) tools at the disposal of lawyers and legal scholars. However, the dominating meta-theories in legal scholarship: sovereigntism, universalism and systems theory are short of explanations maintaining the adequate unity of the system. The article explains how a Kelsenian mindset may be used to clarify the structure of the polycentric legal order. By utilising the idea of the purity and normative unity of law, the Neo-Kelsenian narrative reconnects different rationalities of public and private governance in one system of international law qua global law.
|Journal series||Transnational Legal Theory, ISSN 2041-4005, e-ISSN 2041-4013, (N/A 70 pkt)|
|Publication size in sheets||1.1|
|Keywords in Polish||Hans Kelsen, prawo globalne, prawo międzynarodowe, porządek prawny, system prawny, fragmentacja prawa międzynarodowego|
|Keywords in English||Hans Kelsen, global law, international law, legal order, fragmentation|
|Score||= 70.0, 28-01-2020, ArticleFromJournal|
|Publication indicators||: 2018 = 0.992|
* presented citation count is obtained through Internet information analysis and it is close to the number calculated by the Publish or Perish system.