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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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From Bilateralism to Publicness in International Law

From Bilateralism to Publicness in International Law

Chapter:
(p.79) From Bilateralism to Publicness in International Law
Source:
From Bilateralism to Community Interest
Author(s):

Benedict Kingsbury (Contributor Webpage)

Megan Donaldson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0008

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.

Keywords:   international law, public law, Bruno Simma, inter-public law

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