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In: Settling Self-Determination Disputes
In: Hans Kelsen and the Natural Law Tradition
In: Hans Kelsen and the Natural Law Tradition
In: Hans Kelsen and the Natural Law Tradition
In: Hans Kelsen and the Natural Law Tradition
Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen’s critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen’s engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.

Abstract

For decades, the UN has failed to mediate a settlement in Cyprus because of a general and profound weakness: it is unable, outside of unity and resolve in the Security Council, to offer direct incentives to parties in conflict that would shape their calculus towards conflict resolution, or to control the actions of third parties in a way that would incentivize conflict resolution or prevent disincentives. In the resulting vacuum, the prospects for peace settlements come to rest largely on domestic politics within the contesting camps and, sometimes relatedly, on the balance of power between them. In the case of Cyprus, the article claims that these weaknesses on the part of the UN were clearly on display during the negotiation process surrounding the Annan Plan (2001–04) and the resumed process that began in 2008 and ended at Crans-Montana in 2017.

In: International Negotiation