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Dr. Jörg Kammerhofer, LL.M

 

Short Bio

 

Jörg Kammerhofer (Mag. iur., Dr. iur., Vienna; LL.M., Cantab) is a Senior Research Fellow and Senior Lecturer at the Faculty of Law, University of Freiburg, Germany. He is currently working on international law with a focus on its general, procedural and theoretical aspects, as well as on the jurisprudence of the Vienna School. As a member of the Hans Kelsen Research Group he is also involved in publishing the collected works edition of Hans Kelsen’s writings.

Since 2006 he has been a member of the Co-ordinating Committee of the ESIL Interest Group on International Legal Theory. He is a co-organiser of the Annual ASIL-ESIL-MPIL Workshop Series on International Legal Theory. For a number of years he has been a reviewer for publishers, journals and research institutes (e.g. CUP, OUP, EJIL, LJIL, Wissenschaftskolleg zu Berlin). Together with Jean d’Aspremont he recently directed the project „International Legal Positivism in a Post-Modern World“, funded by the German Research Fund (DFG).

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Areas of Research

 

  • International Law
    • Sources of international law, state responsibility, treaty law, interpretation
    • Theory and philosophy of international law
    • Law on the use of force
    • International procedural law / dispute settlement (especially the International Court of Justice)
    • International investment law

 

  • Jurisprudence
    • Vienna school of jurisprudence (Hans Kelsen, Adolf Merkl)
    • Analytical jurisprudence (HLA Hart)
    • Scandinavian legal realism (Alf Ross)

 

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Publications

 

  •  Books:

 

International Legal Positivism in a Post-Modern World

Cambridge: Cambridge University Press 2014

Edited together with Jean d’Aspremont

ISBN: 9781107019263

International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H.L.A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.

   

Uncertainty in International Law: A Kelsenian Perspective

Abingdon: Routledge 2010

ISBN 9780415577847

Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties.

 

 

  • Selected Articles:
    •  Robert Walter, die Normkonflikte und der zweite Stufenbau des Rechts’ in Clemens Jabloner et al. (eds), Gedenkschrift Robert Walter (Vienna: Manz 2013) 237–256
    • ‘Law-Making by Scholarship? The Dark Side of 21st Century International Legal “Methodology”’ in James Crawford, Sarah Nouwen (eds), Select Proceedings of the European Society of International Law: Third Volume: International Law 1989–2010: A Performance Appraisal. Cambridge, 2–4 September 2010 (Oxford: Hart 2012) 115–126
    • 'Gaps, the Nuclear Weapons Advisory Opinion and the Structure of International Legal Argument between Theory and Practice’ 80 British Year Book of International Law 2009 (2010) 333–360
    • ‘Kelsen – Which Kelsen? A Re-Application of the Pure Theory to International Law’ 22 Leiden Journal of International Law (2009) 225–249
    • ‘Oil’s Well that Ends Well? Critical Comments on the Merits Judgment in the Oil Platforms Case’ 17 Leiden Journal of International Law (2004) 695–718
    • ‘Uncertainty in the Formal Sources of International Law: Customary International Law and some of its Problems’ 15 European Journal of International Law (2004) 523–553

 

  • Selected Forthcoming
    • ‘The Resilience of the Restrictive Rules of Self-Defence’ in Marc Weller (ed.), Oxford Handbook of the Use of Force in International Law (Oxford: Oxford University Press 2014) 627–648
    • ‘Positivistische Normbegründung’ in Eric Hilgendorf, Jan C Joerden (eds), Handbuch Rechtsphilosophie (Stuttgart: Metzler 2015)
    • International Legal Positivism’ in Florian Hoffmann, Anne Orford (eds), Oxford Handbook on International Legal Theory (Oxford: Oxford University Press 2015)

 

 

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