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International Humanitarian Law without the State
Stockholm University, Faculty of Law, Department of Law, Stockholm Center for International Law and Justice (SCILJ).
2016 (English)In: Scandinavian Studies in Law, ISSN 0085-5944, Vol. 62, p. 145-162Article in journal (Other academic) Published
Abstract [en]

What would international law look like in a world without states — or with states being non-dominant? How would it be formed and who would be its protagonists? And would that world be a better place? To think about international law without states might seem like a ludicrous idea. After all, inter-national is often interpreted to mean “inter-state”, and for many people, any law without the state seems impossible to think. However, the state has been around for only a few hundred years, and yet there have been norms between political communities — whether we call that international “law” or not – for much longer. International law without the state could mean de facto anarchy and even perennial war. But it could also mean inter-communal law between communities that are not states, if we assume that people without states would spontaneously form political communities, albeit of a different nature. Or it could be mainly transnational law, formed between apolitical bodies, like corporations. Or, perhaps, a bit of all of that.

Place, publisher, year, edition, pages
2016. Vol. 62, p. 145-162
National Category
Law (excluding Law and Society)
Research subject
Public International Law
Identifiers
URN: urn:nbn:se:su:diva-138997OAI: oai:DiVA.org:su-138997DiVA, id: diva2:1070226
Available from: 2017-01-31 Created: 2017-01-31 Last updated: 2018-05-14Bibliographically approved

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