Addressing the Conflict between Municipal and International Law through Hartian and Kelsenian Jurisprudence

  • Aditi Tripathi
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  • Aditi Tripathi

    B.A.LL.B. Graduate in India

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Kelsen's monistic approach indicates that its basic elements are the identification of law and state; the idea that a legal order is a compound of norms, the validity of which relies on a hypothetical basic norm, the Grundnorm. The idea of a union of primary and secondary rules to which so important a place has been granted, may be regarded as a mean between juristic extremes. This rule of recognition lies at the core of Hartian jurisprudence. The paper seeks to discuss and critique Kelsenian and Hartian jurisprudence and explain their importance as their nomological approaches to municipal and international law are given a place in ICJ case laws.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 431 - 443


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