Journal article

The international public: a farewell to functions in international law

Published in:
  • AJIL Unbound (American Journal of International Law). - Cambridge University Press. - 2021, vol. 115, p. 307-311
English Frédéric Mégret's extremely rich and interesting article implicates a wide range of issues. Luckily, a lot has already been written about some of them elsewhere. In any case, the limited scope of this essay precludes engaging with them all again here. What it will do instead is explore ways of contributing further to the article's important, timely and, I would like to argue, providential project, which is to reflect over and develop the publicness of the international legal order. I will present comments on three dimensions of that project: the language, the scope, and the institution of what one may refer to as “the international public.” My claim is that, to succeed, the article's argument should move away from the functional approach to publicness, embrace public institutions of international law other than states, and focus on the institutional dimension of international public law.
Faculté de droit
Département de droit international et droit commercial
  • English
Law, jurisprudence
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