The International Public: A Farewell to Functions in International Law

Frédéric Mégret's extremely rich and interesting article implicates a wide range of issues. Luckily, a lot has already been written about some of them elsewhere. In any case, the limited scope of this essay precludes engaging with them all again here. What it will do instead is explore ways of...

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Bibliographic Details
Published in:AJIL unbound 2021-09, Vol.115, p.307-311
Main Author: Besson, Samantha
Format: Article
Language:English
Subjects:
19th century
Humanities and Social Sciences
International law
International organizations
Law
Privatization
Sovereignty
Statehood
Online Access:Get full text
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Summary:Frédéric Mégret's extremely rich and interesting article implicates a wide range of issues. Luckily, a lot has already been written about some of them elsewhere. In any case, the limited scope of this essay precludes engaging with them all again here. What it will do instead is explore ways of contributing further to the article's important, timely and, I would like to argue, providential project, which is to reflect over and develop the publicness of the international legal order. I will present comments on three dimensions of that project: the language, the scope, and the institution of what one may refer to as “the international public.” My claim is that, to succeed, the article's argument should move away from the functional approach to publicness, embrace public institutions of international law other than states, and focus on the institutional dimension of international public law.
ISSN:2398-7723
2398-7723
DOI:10.1017/aju.2021.47