HARTIAN CONCEPTION OF INTERNATIONAL PUBLIC LAW

Abstract

The article examines idiosyncratic Hartian conception of international public law, which, often maligned and ignored in the past, has come to recent attention due to originality and singularity of thoughts expressed. Through the positivistic lens in his seminal work, The Concept of Law, H.L.A. Hart manages to offer a unique analysis, even if not entirely free from blemishes, of international public law as its own system of distinguishable rules and an intriguing examination of both the vital distinction between public and private affairs as well as the system of sanctions applicable. The crucial underpinning in the analysis is Hart’s insistence on the rule of recognition as a primary basis of any developed legal system, a feature whose applicability to international public law could be dubious. In spite of this controversial opinion, Hart still closely dissects this field of law, giving valuable insights to be considered. With the ever-increasing importance and consideration given to the international public law, understanding imperfect and yet still unique Hartian perspective might be of great use to legal analysts, wishing to comprehensively grasp this field of jurisprudence.