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Positivism, New Haven Jurisprudence, And The Fragmentation Of International Law, Tai-Heng Cheng

International & Comparative Law Colloquium Papers

This Article addresses the fragmentation of international law and international legal theory. This problem has become increasingly acute. As international interactions have increased exponentially among a broad range of domestic and international actors, the need to coordinate and regulate international actions has correspondingly intensified. Because actors cannot seem to agree on what international law is, consensus on applicable international laws and legal behavior often remains elusive. Using positivism and policy-oriented jurisprudence – two major theories of international law – as foci of inquiry, this Article demonstrates that the gulf between the two international legal theories are not really meaningful conceptual …