THE WAR IN UKRAINE - PATHOLOGY OF THE INTERNATIONAL LEGAL SYSTEM?
Proceeding from the common assertion that the war in Ukraine proves that international law “doesn’t work” anymore, the article tries to differentiate among the three possible readings of this claim. First, the statement may mean that a central part of international law, namely the regime on the use...
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| Format: | Article |
| Language: | Bosnian |
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Serbian Association for Legal and Social Philosophy
2025-02-01
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| Series: | Eudaimonia |
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| Online Access: | https://epub.ius.bg.ac.rs/index.php/eudaimonia/article/view/629 |
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| author | Miodrag Jovanović |
| author_facet | Miodrag Jovanović |
| author_sort | Miodrag Jovanović |
| collection | DOAJ |
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Proceeding from the common assertion that the war in Ukraine proves that international law “doesn’t work” anymore, the article tries to differentiate among the three possible readings of this claim. First, the statement may mean that a central part of international law, namely the regime on the use of force, has been stripped of its ‘legality’. Second, the allegation may be that we are dealing with a situation which Hart characterized as “the pathology of a legal system”. The third possible reading would be that international law on the use of force is not authoritative, meaning it does not have the capacity to generate the sense of bindingness among its addressees. The article argues in favor of the second reading.
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| format | Article |
| id | doaj-art-205228dc9f0145bf9d17037db65a7256 |
| institution | Kabale University |
| issn | 2560-3663 |
| language | Bosnian |
| publishDate | 2025-02-01 |
| publisher | Serbian Association for Legal and Social Philosophy |
| record_format | Article |
| series | Eudaimonia |
| spelling | doaj-art-205228dc9f0145bf9d17037db65a72562025-02-08T01:08:11ZbosSerbian Association for Legal and Social PhilosophyEudaimonia2560-36632025-02-018210.51204/IVRS_24207ATHE WAR IN UKRAINE - PATHOLOGY OF THE INTERNATIONAL LEGAL SYSTEM?Miodrag Jovanović0https://orcid.org/0000-0002-8036-1994University of Belgrade Faculty of Law Proceeding from the common assertion that the war in Ukraine proves that international law “doesn’t work” anymore, the article tries to differentiate among the three possible readings of this claim. First, the statement may mean that a central part of international law, namely the regime on the use of force, has been stripped of its ‘legality’. Second, the allegation may be that we are dealing with a situation which Hart characterized as “the pathology of a legal system”. The third possible reading would be that international law on the use of force is not authoritative, meaning it does not have the capacity to generate the sense of bindingness among its addressees. The article argues in favor of the second reading. https://epub.ius.bg.ac.rs/index.php/eudaimonia/article/view/629war in Ukraineinternational lawlegalitypathology of the legal systemauthoritativeness of law |
| spellingShingle | Miodrag Jovanović THE WAR IN UKRAINE - PATHOLOGY OF THE INTERNATIONAL LEGAL SYSTEM? Eudaimonia war in Ukraine international law legality pathology of the legal system authoritativeness of law |
| title | THE WAR IN UKRAINE - PATHOLOGY OF THE INTERNATIONAL LEGAL SYSTEM? |
| title_full | THE WAR IN UKRAINE - PATHOLOGY OF THE INTERNATIONAL LEGAL SYSTEM? |
| title_fullStr | THE WAR IN UKRAINE - PATHOLOGY OF THE INTERNATIONAL LEGAL SYSTEM? |
| title_full_unstemmed | THE WAR IN UKRAINE - PATHOLOGY OF THE INTERNATIONAL LEGAL SYSTEM? |
| title_short | THE WAR IN UKRAINE - PATHOLOGY OF THE INTERNATIONAL LEGAL SYSTEM? |
| title_sort | war in ukraine pathology of the international legal system |
| topic | war in Ukraine international law legality pathology of the legal system authoritativeness of law |
| url | https://epub.ius.bg.ac.rs/index.php/eudaimonia/article/view/629 |
| work_keys_str_mv | AT miodragjovanovic thewarinukrainepathologyoftheinternationallegalsystem AT miodragjovanovic warinukrainepathologyoftheinternationallegalsystem |