Guerra e diritto. Note a margine di una tesi Kelseniana

Author/s Tecla Mazzarese
Publishing Year 2003 Issue 2003/1
Language Italian Pages 19 P. File size 1085 KB
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War and law might appear a topic which does not deserve attention any longer either because war is taken to be a straight denial of law or, though quite surprisingly, because war is supposed to have vanished long ago, with the League of Nations and the outlawing of aggression. Contrary to these two views, the main contention of this paper is that the topic at stake is worth of being paid attention in order to figure out whether law can still be conceived of, along with Kelsen’s famous contention, as a means to maintaing peace. In other words, the aim of this paper is to inquire whether and to what an extent, despite of all the shortcomings it can be blamed of, law can still be taken to be a necessary means to protect fundamental rights, further democracy and secure the maintainance of peace. In order to attempt an aswer to such a query, both a recognition of current international and domestic legal provisions on warfare, and a survey of some main (un)lawful characters of the three main armed conflicts in the last decade will be previously taken into account.

Tecla Mazzarese, Guerra e diritto. Note a margine di una tesi Kelseniana in "TEORIA POLITICA" 1/2003, pp , DOI: