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Some misunderstandings about legislation and law

Some misunderstandings about legislation and law
Some misunderstandings about legislation and law
What is legislation? What is law? A great deal of ink has been spilled on these questions. In this essay I wish to investigate the answers that have been provided in international law. Two theses are advanced. First, there is a misunderstanding in international law about what legislation is. It is mistakenly thought that legislation is general. This misunderstanding can, for instance, be discerned in the popular claim that the United Nations Security Council has begun to “legislate” on the international plane. The second thesis attempts to specify how this misunderstanding has come about. In international law writing one commonly finds a more basic mistake about what law is—namely, the mistaken view that law is general. If these two theses are true, the literature on international law-making stands in need of revision.
475-514
Hameed, Asif
bc8f8a30-8bf7-4efd-839f-ef14ba95da09
Hameed, Asif
bc8f8a30-8bf7-4efd-839f-ef14ba95da09

Hameed, Asif (2017) Some misunderstandings about legislation and law. Chinese Journal of International Law, 16 (3), 475-514. (doi:10.1093/chinesejil/jmx025).

Record type: Article

Abstract

What is legislation? What is law? A great deal of ink has been spilled on these questions. In this essay I wish to investigate the answers that have been provided in international law. Two theses are advanced. First, there is a misunderstanding in international law about what legislation is. It is mistakenly thought that legislation is general. This misunderstanding can, for instance, be discerned in the popular claim that the United Nations Security Council has begun to “legislate” on the international plane. The second thesis attempts to specify how this misunderstanding has come about. In international law writing one commonly finds a more basic mistake about what law is—namely, the mistaken view that law is general. If these two theses are true, the literature on international law-making stands in need of revision.

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Accepted/In Press date: 5 July 2017
e-pub ahead of print date: 31 October 2017
Published date: 2017

Identifiers

Local EPrints ID: 426242
URI: https://eprints.soton.ac.uk/id/eprint/426242
PURE UUID: a60f002c-cf49-4bc7-a059-91cf17ad4753
ORCID for Asif Hameed: ORCID iD orcid.org/0000-0002-1032-5832

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Date deposited: 20 Nov 2018 17:30
Last modified: 20 Jul 2019 00:21

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