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Part I Mapping International Adjudicative Bodies, Ch.3 The History of International Adjudication

Mary Ellen O’Connell, Lenore VanderZee

From: The Oxford Handbook of International Adjudication

Edited By: Cesare P R Romano, Karen Alter, Yuval Shany

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 25 October 2020

Arbitral tribunals — International courts and tribunals, decisions — Compulsory jurisdiction — History of international law — Arbitration
For decades, international law scholars have cited with approval HLA Hart’s inclusion of international law in the general category of “law” in his classic work, The Concept of Law (Oxford: Clarendon Press 1961). Hart was the renowned Oxford scholar of jurisprudence who critiqued his nineteenth-century predecessor, John Austin, for, among other errors, dismissing international law as nothing more than “positive morality.”1 Hart’s defense of international law was, however, hardly robust. While he acknowledged that international law qualified as law, he also found it...
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