engleski

Features of International Law: A Critical Account of the Prototype Theory of International Law

Prototype theory of international law formulated by Miodrag A. Jovanović includes the following theses: (a) justice-delivery as a function of law ; (b) institutionalization of adjudication as a fundamental feature of law ; (c) coerciveness of law as guaranteeing enforcement ; (d) outcasting as the predominant and sufficient means of enforcing international law. The paper analyses these elements, challenges theses (a), (c) and (d), and advances the thesis about (b) adjudication being not just a fundamental but also a necessary feature of law.

Function, justice, adjudication, coerciveness, outcasting

nije evidentirano