Article Per Year (5 Year)
p-Index From 2021 - 2026
0
P-Index
This Author published in this journals
All Journal Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada
Allan Munyao
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
THE NORMATIVE IRRELEVANCE OF AUSTIN’S COMMAND THEORY IN INTERNATIONAL LAW Allan Munyao
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 28, No 3 (2016)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.371 KB) | DOI: 10.22146/jmh.16694

Abstract

AbstractJohn Austin has been widely criticized and supported in equal measure for his bold assertion that international law is not ‘real law’ due to the lack of a ‘sovereign’. This article explores Austin’s position and analyzes it as against its veracity in relation to current legal systems; modern contemporary international law; and analysis of legal questions in the international arena. While indeed Austin’s position was true about the legal systems of his time, the same cannot be transposed into the international legal system. If on the other hand the transposition is necessary, it will be shown that international law is indeed ‘real law’ with a somewhat real ‘sovereign’ just like any municipal law
Co-Authors