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The Power and Purpose of International LawInsights from the Theory and Practice of Enforcement$
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Mary Ellen O'Connell

Print publication date: 2008

Print ISBN-13: 9780195368949

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195368949.001.0001

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Classical Enforcement Theory

Classical Enforcement Theory

(p.19) Chapter 1 Classical Enforcement Theory
The Power and Purpose of International Law

Mary Ellen O'Connell

Oxford University Press

Understanding the role of enforcement in establishing international law as law begins with the Just War Doctrine. Grotius, the father of international law, included the Doctrine's basic precepts in his universalist, natural law conception of international law. This is the conception that underlies the Peace of Westphalia of 1648 that gave rise to the modern state system. Kelsen and Lauterpacht carried the Grotian tradition forward after the Second World War. They responded to decades of challenge by proponents of absolute state sovereignty and the superior state's unfettered right to use force, views associated with Vattel and Schmidt.

Keywords:   Just War, Peace of Westphalia, natural law, universality, sovereignty, war

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