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Normativity and NormsCritical Perspectives on Kelsenian Themes$
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Stanley L. Paulson

Print publication date: 1999

Print ISBN-13: 9780198763154

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198763154.001.0001

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Monism and Dualism in the Theory of International Law *

Monism and Dualism in the Theory of International Law *

(p.537) 29 Monism and Dualism in the Theory of International Law*
Normativity and Norms

Joseph G. Starke

Oxford University Press

A strictly theoretical treatment of the relation between international law and municipal law is today of the utmost practical importance. While international law is developing at a pace without precedent in past centuries, some danger that the technique of its growth may be impaired by not giving a certain weight to theoretical considerations. This chapter deals with the problem from an analytical, positivist point of view, and, to some extent therefore, it follows the principles of the Austrian school — Hans Kelsen, Josef Kunz, and Alfred Verdross. This is not to say that the conclusions of that school are accepted without question; only their method is followed, and that method represents their most decisive contribution to jurisprudence.

Keywords:   international law, municipal law, Austrian school, Hans Kelsen, Josef Kunz, Alfred Verdross, jurisprudence

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