Quite a bit of research suggests that international law’s argumentative practice has value insofar as it leads to or affirms some kind of normative settlement. This chapter uses the argumentative practice in the jus ad bellum to counter that view. The chapter’s central claim is that arguments about the jus ad bellum are valuable, even when they do not lead to normative settlement and the law’s content on the issue in dispute remains contested. The reason they are valuable is that they promote certain values that are associated with the rule of law.
Administrative Law | Constitutional Law | Law
Arguing about the Jus ad Bellum,
Talking International Law: Legal Argumentation Outside the Courtroom, Ian Johnstone & Steven Ratner (Eds.), Oxford University Press
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