Object structure

click here to follow the link

Alternative title:

International law and the universality of the concept of the system

Subject and Keywords:

international law   dogmatics of international law   dogmatics of law


Tyt. tomu: Systemowość prawa. Tom dedykowany Panu Profesorowi Stanisławowi Kaźmierczykowi w osiemdziesiątą rocznicę urodzin


The key feature of international law is that states are primary subjects of this law. This results in other features of international law like high relevance of customary law, ambiguous meaning of the term “treaty”, considerable role of soft law, uncertainty about the effects of reservations to treaties, and above all, the lack of collision rules when two or more treaties bind partly different parties. This all supports the weaker thesis about systemness of international law. The weaker thesis about systemness of international law is not the answer to all questions that can be put in this respect. This is particularly evident in the case of consistency of international law which is seriously jeopardized by the progressive fragmentation. But the conviction of the systemness of international law has also somewhat different purpose than it seems. Namely, it strengthens the argument that international law is the law in the proper sense of the word. It fulfils therefore, to some extent, a persuasive function. International law confronted with domestic law is a kind of so-called “positive morality” for many lawyers. Therefore, the thesis about systemness of international law is so important. For similar reasons, H. Kelsen so firmly stressed that war is a sanction, what justified the view that international law is the law in the proper sense of the word.

Place of publishing:



Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:


Date copyrighted:


Resource Type:



ISSN 0239-6661   ISSN 0137-1134




pol   eng


Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3718. Przegląd Prawa i Administracji 2016, 104, s. 121-138

Is version of:

Czasopisma Naukowe w Sieci

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity


Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.