Kelsen’s Legal Logic of International Pluralism

Autor/innen

  • Ronnie Hjorth Swedish Defence University

DOI:

https://doi.org/10.15203/ozp.3804.vol51iss3

Abstract

This paper presents a Kelsenian perspective on international pluralism showing that international pluralism is not necessarily the logical consequence of sovereignty but bestowed upon states by international law through the principle of equality. The paper argues that this leads to an improved concept of international pluralism as more than a by-product of sovereignty logic. Flowing from Kelsenian legal logic, international pluralism and legal cosmopolitanism share the same origin in the Grundnorm. Hence, this perspective on international relations appeases the perceived conflict between international pluralism and cosmopolitanism. Moreover, the paper suggests that the approach provides a different framework for analyzing international norms and practices, their normative relationship and evolution.

Downloads

Veröffentlicht

2022-09-30

Ausgabe

Bd. 51 Nr. 3 (2022): Kelsen, Politics, and Realism

Rubrik

Forschungsartikel zum Schwerpunkt

Lizenz

Copyright (c) 2022 Ronnie Hjorth

Creative-Commons-Lizenz

Dieses Werk steht unter der Lizenz Creative Commons Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 International.

The OZP is the authorized publication of the Österreichische Gesellschaft für Politikwissenschaft (ÖGPW, Austrian Political Science Association)

The author of an article (in case of multiple authors: the corresponding author, responsible for releasing this material on behalf of any and all co-authors) accepted to be published in the OZP hereby acknowledges the following Copyright Notice:

  1. The author retains the copyright to the article.
  2. It is the responsibility of the author, not of the OZP, to obtain permission to use any previously published and/or copyrighted material.
  3. Publication of a submitted text is dependent on positive results from the peer reviewing. In such a case, the OZP editors have the right to publish the text.
  4. In case of publication, the article will be assigned a DOI (digital object identifier) number.
  5. The author agrees to abide by an open access Creative Commons Attribution (CC BY-SA) license. The license permits any user to download, print out, extract, reuse, archive, and distribute the article under the same license, as long as appropriate credit is given to the author and source.
  6. The license ensures that the author’s article will be available as widely as possible and that the article can be included in any scientific archive. In order to facilitate distribution, the author agrees that the article, once published, will be submitted to various abstracting, indexing and archiving services as selected by the OZP.
  7. In addition, the author is encouraged to self-archive the article, once published, with reference to the place of the first publication.
  8. After the contribution appears in the OZP, it is still possible to publish it elsewhere with reference to the place of the first publication.
  9. The finished article, if published, will include a correspondence address (both postal and email) of the author.
  10. If written under the auspices of a grant from one or more funding agencies, such as FWF (Austrian Science Fund), ERC (European Research Council), and Horizon 2020 (EU Framework Programme), an article accepted for publication has to be deposited in an Open Access archive. The OZP’s archiving policy is compliant with these provisions. (In case the article derives on funding from a different source, the author is responsible to check compliance of provisions.)