Addressing the Conflict between Municipal and International Law through Hartian and Kelsenian Jurisprudence

  • Aditi Tripathi
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  • Aditi Tripathi

    B.A.LL.B. Graduate in India

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Abstract

Kelsen's monistic approach indicates that its basic elements are the identification of law and state; the idea that a legal order is a compound of norms, the validity of which relies on a hypothetical basic norm, the Grundnorm. The idea of a union of primary and secondary rules to which so important a place has been granted, may be regarded as a mean between juristic extremes. This rule of recognition lies at the core of Hartian jurisprudence. The paper seeks to discuss and critique Kelsenian and Hartian jurisprudence and explain their importance as their nomological approaches to municipal and international law are given a place in ICJ case laws.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 431 - 443

DOI: https://doij.org/10.10000/IJLMH.111917

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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