Book ReviewResponse

The “pseudo doctrine”, still a real problem

In her post “The ‘pseudo doctrine’ – a pseudo problem?” Raffaela Kunz reviews my thesis “Das Scheininstitut der unmittelbaren Anwendbarkeit“. Her friendly and well written review raises a few questions, so I am most happy to have the chance for a response. In general Kunz follows my line of arguments but she raises some conceptual doubts and moreover questions the relevance of the abolishment of the pseudo-doctrine of direct applicability …


Book Review

The „pseudo doctrine“ – a pseudo problem?

On the (ir-)relevance of the doctrine of self-executing treaties for the domestic effect of international law

The question of the “self-executingness” or “direct applicability” of international law is in fact a question of domestic law, but still almost all textbooks on international law address it. The reason for this lies in the treatment of “self-executingness” by many domestic courts as a precondition for the application of international law in their proceedings. In other words, the doctrine is said to determine to a great extent the effects …


Cynical International LawSymposium

In international law we (do not) trust

The persistent rejection of economic and social rights as a manifestation of cynicism

Economic and Social Rights (ESRs) are the unloved and unwanted last born child of the human rights family. Despite a promising start in the Universal Declaration of Human Rights (the UDHR), ESRs still retain a second class status in most national jurisdictions. What explains this cynicism with which ESRs are (still) regarded? This blogpost analyzes how the skeptical gaze through which ESRs are often viewed legitimizes (or attempts) to legitimize …